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Woman criticises dispute with insurers after mother hit by car in US

Jane Rubens has been in hospital since the start of November.

Lucinda Cameron
Tuesday 26 November 2024 12:54 GMT
Cat Rubens with her mother Jane (Cat Rubens/PA)
Cat Rubens with her mother Jane (Cat Rubens/PA)

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A woman has told of the “hell” she and her family faced following a dispute with insurers after her mother was hit by a car in the US, suffering a severe brain injury.

Jane Rubens, 73, remains in a coma after she was struck by a large SUV-type vehicle in St Louis, Missouri, on November 1 and has had multiple brain surgeries in the past few weeks.

However, her daughter Cat Rubens claimed insurance company AXA Partners initially told the family her mother would need to be repatriated this week, despite several medical experts advising against it.

She said they were told her mother’s insurance policy, which covered emergency medical care up to £15 million, would end if they did not agree.

AXA Partners have since issued a statement apologising for any distress and saying “the welfare of Ms Rubens and her family remains our priority”.

This is already the worst time of my life. You know, I'm so worried about my mum's future, what her care needs might be

Cat Rubens

Cat Rubens took to social media to describe what happened to her mother, whose surgery has included a craniectomy to remove a piece of her skull.

In a post on X, she wrote: “As you can imagine, the past few weeks have been hell for me and my family. We are out in America, trying our best to support her.”

Ms Rubens said the family received advice from multiple neurology experts, including a neurosurgeon in the US, that it would not be in her mother’s long-term best interests to fly her back to the UK at this “acute stage of her injury”.

She said the neurosurgeon confirmed it would be in her mother’s best interests to fly her after the craniectomy has been reversed, which is three to six months down the line.

However, she said the family were told at the weekend that the 73-year-old, who had been visiting relatives in the US, would have to be repatriated to the UK this week or lose the insurance cover.

Ms Rubens, originally from Edinburgh, said the family do want her mother to return home to the Scottish capital – but only when it is in her medical best interests.

She told the PA news agency: “The key issue for me is not about whether she is technically fit to fly from A to B in one piece right now.

“From an aviation medicine perspective, it’s about whether this is the right time for her to be flown long haul across the globe when she has a traumatic brain injury.”

Ms Rubens, who now lives in London, said the issues with the insurance company have added to the stress of the situation.

She said: “This is already the worst time of my life. You know, I’m so worried about my mum’s future, what her care needs might be, but actually, just whether or not she’s actually going to survive this injury at all.”

It has also left her frustrated that she had to spend time dealing with the matter when she could have been at her mother’s side at Saint Louis University Hospital.

She added: “I would have rather been by her bedside, speaking to her, reading to her, that kind of thing, and just holding her hand, to be honest.

“She’s opened her eyes a few times over the last few days and if she is able to regain bits of consciousness, I want her to know that I’m right by her side.”

Ms Rubens said an AXA Partners representative phoned her to apologise for what happened and confirmed she will not be moved this week, but she does not know what the long-term plans will be.

AXA Partners said that, going forward, their medical team and the doctors treating Jane Rubens will decide on the best course of action.

An AXA Partners spokesperson said: “We are sorry for the distress Ms Rubens and her family have experienced when making a claim and we sympathise with their situation.

“We have spoken with Ms Rubens’ family and will remain in contact with them over the coming days to support them.

“Our medical team and Ms Rubens’ treating doctors will agree the best course of action going forward.

“We are considering all available options and the welfare of Ms Rubens and her family remains our priority.”

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