An Irishman living in New Hampshire faces losing his house due to a law that has left him liable for his deceased ex-wife’s medical bills.
Tony Hayes, 61, originally from Stillorgan, Co. Dublin, has been engaged in a lengthy legal battle with Southern New Hampshire Medical Center (SNHMC) since 2006.
The health care facility is suing Hayes for over $85,000 in medical bills incurred by his late ex-wife, Karen, who died in August 2007 after a long battle with alcohol addiction.
The couple divorced in January 2007, after 30 years of marriage. They had two sons together, Connor, 23, and Jack, 16.
The Dubliner emigrated to the U.S. in 1977 and is currently working as a delivery man, bringing chemotherapy drugs to cancer patients in their homes. Surviving on a modest income, Hayes admits it is not a lucrative salary.
“It’s enough to buy one pizza every hour,” he told the Irish Voice.
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Increasing health care costs means that Hayes has not been able to afford insurance cover for his family for the past decade -- “2002 was the last time I had insurance,” he said.
In the latest blow to the father of two, he was notified on Christmas Eve that one of his two properties is to be auctioned to help cover the costs of the outstanding medical bills.
SNHMC got a writ of execution to sell Hayes’s rental property. Hayes got a court order to block the sale but that decision was overturned by the state Supreme Court in November.
“I will be left with nothing to give to my kids,” a concerned Hayes told the Irish Voice. “I don’t believe I owe them (SNHMC) a button.”
Throughout 2006, Karen Hayes was admitted on four occasions to SNHMC for emergency services related to alcoholism. In November 2006, SNHMC filed a suit against the Hayes family for Karen’s unpaid medical bills.
“She would ring up somebody looking for help and the police, fire, or ambulance would show up at my house. It was a nightmare for the kids,” Hayes said.
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“She was coming and going as you pleased. I tried to get her help, she tried all kinds of places but nobody could help her,” he added.
In March 2007, a court ruled that Hayes was also liable for the bills amounting to $85,238.88, under the “doctrine of necessaries,” the English common law which imposed liability on husbands for "essential goods and services provided to (their wives or children) by third parties."
“I made the mistake of giving them $60,000 which I have saved for Conor’s education. I was paying $200 a month, trying to get them off her back. Then they started up a new suit,” he told the Irish Voice.
Following the couple’s divorce in January 2007, court documents show that Hayes got ownership of the two properties and that “Karen was responsible for paying the debt to SNHMC as well as any other medical debts or bills.”
As part of the divorce settlement she received one car “valued at $1,200, and her bank account with a balance of $0.00.”
Karen passed away on August 25, 2007, a mere seven months after the couple’s divorce was finalized, leaving Hayes libel for the medical expenses.
Now Welts, White & Fontaine, P.C., who represent SNHMC have notified Hayes that his rental property is to be auctioned. A date for the auction has yet to be set.
A spokesman Welts, White & Fontaine, P.C., declined to comment on the case.
For more information or to show support contact justiceforhayes@gmail.com or or log onto Justice for the Hayes Family.
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Switch to the desktop site to post a comment.Druidman | Jan 25, 2012, 09:03 PM EST
More like the hypocritical oath rather than the hypocratic Oath. If he knew this was coming down the tracks, he should have sold up and gone back to Stillorgan. They are a shower of Bastar'ds in anyevent.
bobbarry | Jan 20, 2012, 08:04 AM EST
this newspaper is biased, they do not post all feeds
seanomelbourne | Jan 17, 2012, 07:12 PM EST
when I lost my wife some years ago I did not receive one invoice from any health services Insurance covered the cost of hospital/doctors and drugs, good country Australia BTW we have a labour shortage tradies truckdrivers labourers can earn $100k.Health professionals are also needed.
TheNetherlands | Jan 16, 2012, 08:08 AM EST
The Hospital was morally wrong for doing what they did, Mr. Hayes paid over half of the bill in cash, and had set up a payment plan and I believe he was doing everything legally. What this hospital did by freezing his assets is completely criminal!
TheNetherlands | Jan 16, 2012, 08:03 AM EST
I am shocked at some of these hostile attacks on this article as you don't really know til you've been in someone else's shoes and lived through their personal pain, I truly wouldn't wish Mr. Haye's tragic situation on my worst enemy, clearly you can see how the ambulance and the ambulance chasers coincide and how they have abused their power in the USA. This Hospital had no right to go after him so aggressively and their barbaric tactic they took by using the courts to freeze his assets (blocking his homeownership rights) he worked so hard for and all that stands for America. It wasn't even his bill, and nobody has ownership on another human being married or not. Where's the compassion in this system, has everyone changed for the worse and turned their backs on their fellow human being? The State has a legal obligation to protect and oversee the rights of their citizens before allowing a corporate hawk engorge a citizen to nothing. Live Free or Die.. Isn't that the New Hampshire logo??
McNamara31 | Jan 15, 2012, 06:32 PM EST
kilfinnane …America's "for profit" insurance companies have reported first-quarter earnings that beat analysts’ expectations by an average of 30 percent. That has been the pattern for the last three years. That what really happens when the market is left alone. The consumers who can't afford the premiums and have no employer coverage are basically left to die and lose everything along the way. CNBC recently did a series on people living in Nevada who have lost their (company) insurance when they became too sick to work. One was a single mother who had worked her “entire life” and was now left to die without care because the local charity group had closed. As the show concluded the reporter said the last time he saw the dying mother of two children men had arrived at her home to take back the home hospital bed she was lying in. Greed has had the upper hand in America as of late and there is no way to justify such immorality to the sick.
seanomelbourne | Jan 15, 2012, 05:41 PM EST
Australians pay just over 1% of their taxable income for medicare. This programme provides public hospital and your doctor of choice The system pays a standard fee to doctors and doctors who charge more for their services bill the patients for the difference.The PBS (pharmaceutical benefit scheme)give all Australians subsidised medicine.Many Ozzies take out private cover to pay for private hospital cover. No one needs to file for bankruptcy or have their family home taken. The system is not perfect but a helluva lot better than the mean-spirited greedy system in the U.S. where profit is more sacred than life.
Pittsburghkid | Jan 15, 2012, 03:35 PM EST
I'm tired of blaming the government. I believe that the fault for the problem that American face is the Media. American Hospital are grand hotels will beautiful lobbies, who pays for this? People like Mr. Hayes. Where is the public outrage? The public is not aware, because the Media diverts public attention away from the real issues. It is worth noting that the revolt in Egypt attacked the Media. When the public understand how the Media uses them, then real change will come.
LaoiseRyan | Jan 15, 2012, 12:15 PM EST
Kilfinnane-$500 for tylenol? I got 2 months worth of tylenol a year ago in Ireland for €25!!
joycean | Jan 15, 2012, 10:02 AM EST
My family was in this situation, so I am not going to defend it. But, this country's decision to go with private insurance dates back to the 1950s, way before Fox News. Some of Obama's Health Plan will help. More low income people will be eligible for Medicaid, admittedly putting more of a burden on the states. Already, 26 year olds can stay on their parents' insurance. Remember, the poor are eligible for Medicaid; the elderly for Medicare, so there are government programs. Also, this was not a single. catastrophic accident. Hayes and his wife had time to check out what his community had to offer after the first incident. Locally, we have Public Health Clinics (free Government run clinics), Free Clinics (Volunteer and government subsidized), and Mental Health and Substance Abuse Facilities which will base fees on what the patient can afford.
kilfinnane | Jan 15, 2012, 08:14 AM EST
Health care just like any other consumer item would be affordable to all if the market was left alone. Right now, since most people have insurance, they don't care how much their doctor or hospital charges as long is their insurance covers it. Most people don't even check the bill. If people had to pay their own bills they might get more upset about $400 bandages or $500 tylenol. Then we could have some real change. A three tiered system is the answer. No insurance for the first $5000 per person per year (but self funded, employer funded or state funded for the poor medical spending accounts fill this gap); Employer provided or private insurance for $5000 to $100,000 per year. Federally provided catastrophic coverage for anything over $100,000 per year. It brings consumerism back into the picture for the small stuff (where most of the money is spent), reduces insurance rates because the small stuff and really big stuff is taken out of the equation, and provides help for those who face truly horrific medical situations. Problem solved! What's next.
JOHNTOBIN | Jan 15, 2012, 12:58 AM EST
To McNamara31.you are entirely correct in your comments regarding Fox Cable Network.Their current affairs and interview programs are so shallow and extreme right wing.They are all for big business.America would be more able to afford some form of public health cover if it cut down on some of its armaments trade.The powers behind big business have too much control over the American people.I personally am no Liberal and have what could be considered conservative views on many issues.However,I am all in favour of public health services.
NYNighthawk | Jan 14, 2012, 11:39 PM EST
You all have it wrong. He doesn't want to pay the medical bill so he can leave the money for his kids? You and I then will have to pay it with higher medical costs. What an attitude this guy Hayes has. Another issue being overlooked is the alcohol problem she has. I know many say it is a disease but I dont. It is the only disease you have to keep buying to have. The free medical system in Europe and Ireland is causing the world economy to falter and that has to end. We are all responsible for our well being and should not expect others to pay for our illnesses. The Doctors and nurses who treated his wife deserve their salaries. And Hayes should sell both houses to pay off these bills that I dont want to pay!!!!!!!!!!
McNamara31 | Jan 14, 2012, 07:56 PM EST
feeblefrog.... So true. In most cases Americans who have become homeless because of a medical condition (like cancer) are people "who have worked all their lives" and lost their medical coverage with the loss of a job because they were too sick to work. Its obscene in the wealthiest country in the world, people go bankrupt and lose everything merely because they had the misfortune to get sick or have a child become very ill.
feeblefrog | Jan 14, 2012, 05:21 PM EST
If you read the link in the story, it gives a clearer picture-https://sites.google.com/site/justiceforhayes/about-the-cause The hospital is suing for her last medical treatment after the divorce before she died, citing "the necessaries doctrine". Southern New Hampshire Medical Center put liens on both houses- the rental and their primary residence. Truly a tragedy. The people in the U.S. who are against a Public Health System are ones who have been fortunate enough to always have health insurance and have no ability to empathize for those who don't.
kilfinnane | Jan 14, 2012, 01:57 PM EST
That's America for you. The guy was able to accumulate two homes on a minimum wage salary. He was given the freedom to gamble on not paying for insurance in an effort to acquire more assets. His gamble did not pay off. But at least will able to use some of his accumulated assets to pay off his wife's debt. He is still left with his primary residence and will not need to rely on state assistance to survive. He still maintains his dignity and independence. Had he lived in a country where the state provides for his welfare, there is no way that he could have accumulated what he did from the tiny slice of his gross pay that would have remained after the deduction of taxes. Why do people treat medical care differently than any other consumer good. We can't live without food either, but the state doesn't just give it to us for free. God bless America, and may you always remember that you are at your best when you stay the hell out of my life.
McNamara31 | Jan 14, 2012, 12:08 PM EST
JOHNTOBIN I believe the reason a portion of Americans are so afraid of public healthcare is because of the power of the FOX cable network in the States. When healthcare was first proposed, Fox banged the drum against it 24/7 scaring old and young with threats of death panels and such. This is all concocted by the GOP and "for profit" healthcare lobbies that spend millions in Washington and fed all this fear so their profits won't be affected.
ciaradexy | Jan 14, 2012, 11:15 AM EST
A mate of mine in Brooklyn had a breakdown back in 2000 when she was 24. She admitted herself to a mental health facility for a few months and she had to declare bankruptcy. The Irish health system may not be perfect but everyone gets treated and no one looses their home to get treated. This is a disgusting way to treat your citizens.
dipsydolly | Jan 14, 2012, 09:35 AM EST
thats america for you, all mouth and no brains,
JOHNTOBIN | Jan 13, 2012, 09:04 PM EST
I cannot understand why many people in America are scared stiff of a Public Health System.I feel,in many cases,they have been brow beaten into thinking that it is communistic.I have heard that many Americans will be paying off medical bills for the rest of their lives.
Curitiba | Jan 13, 2012, 05:11 PM EST
Australia is another country with a top-notch free hospital system. So is Canada.
seanomelbourne | Jan 13, 2012, 05:07 PM EST
What kind of a mean-spirited country would allow anyone to loose their homes to pay medical bills.The U.S.claims to be a first world counry,it has a third world medical system. Wake up America.
Curitiba | Jan 13, 2012, 05:07 PM EST
Thank the good Lord for the National Health Service here in the UK. Paid for out of our payroll taxes (a special one called National Insurance, which also covers the State old-age pension), it offers a cradle to grave service, nobody is discriminated again. Sure there's the odd scandal from time to time, and the odd bit of pennypinching, but overall it is the finest health service in the world for everyday, working people. There is no chance of being made bankrupt for medical bills in this country because there aren't any. It was introduced in 1947, but had we dithered and tried to introduce it now, there would be no way we could afford to do it from scratch. I'm afraid you are stuck with your health system forever now because people like Ronald Reagan denounced it as "socialized medicine" at a time when you could have afforded to introduce it.
MotherIrish | Jan 13, 2012, 10:28 AM EST
At the time the bills were incurred, they were legally married and I will bet that he signed for responsiblity for the bills. Just because they were divorced after the bills were incurred does not necessarily get him off the hook, sorry to say. Look to the divorce decree - did the court dictate her to be responsible for any and all debts she incurred during the marriage and were outstanding for payment at the time of the divorce? Was it a divorce of convenience to avoid paying the medical bills? He only has one underaged child at this time to support. Why does he think he has to leave his sons anything? He is 61 and has a number of years yet to work. Banruptcy will not work here as they are looking at seizing rental property, not the house he lives in. The Bankruptcy court would also take the rental property to satisfy the debt so that is not a workable idea at all. The best solution would have been to work a long time ago with the medical facility to get the debt reduced and on a payment plan. I don't have a lot of sympathy here unless there is a lot of past detail that is not given. He owes his sons nothing upon his death. He most likely signed for responsiblity and it was most likely a divorce to avoid this type of debt payment. Best resort - go after his divorce attorney who let the situation get out of hand by not dealing with the debt issue properly - most likely
colkelley | Jan 13, 2012, 10:04 AM EST
What is the fuss? They were married when the medical care started and that made him jointly liable. If you want to get peeved, I divorced and then discovered my ex had falsified our tax return to pocket a sizeable and undeserved refund - and the IRS came after me even when I was disabled and unemployed with a broken neck and she was working as a school teacher (using the degree I paid for). When I questioned them about this the IRS told me, "Oh, we never go after the ex-wife in a case like this."
joycean | Jan 13, 2012, 09:37 AM EST
H probably needs to contact a bankruptcy lawyer, if he hasn't already.
TheOldPerfessor | Jan 13, 2012, 09:33 AM EST
Medical bankruptcies - only in America.