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Irishman may lose his home over ex-wife’s medical bills

Law means he's liable for $85,000 bill

MOLLY MULDOON,

Irish Voice Reporter

Published Thursday, January 12, 2012, 4:58 PM

Updated Friday, January 20, 2012, 3:19 PM

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Tony Hayes outside of his home on Merrimack Road in Amherst, NH

Photo by Bill McCormack

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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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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.

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bobbarry | Jan 20, 2012, 08:04 AM EST

this newspaper is biased, they do not post all feeds

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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.

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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!

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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??

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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.

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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.

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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.

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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!!

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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.

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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.

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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.

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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!!!!!!!!!!

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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.

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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.

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