
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, September 19, 1995                   TAG: 9509190070
SECTION: VIRGINIA                    PAGE: C3   EDITION: METRO 
SOURCE: RON BROWN STAFF WRITER
DATELINE: FINCASTLE                                LENGTH: Short

WIDOWER, TRIGON SETTLE CANCER-TREATMENT CASE

The estate of Lorraine Smusz has reached an out-of-court settlement with Blue Cross and Blue Shield of Virginia, which refused to pay for a costly treatment of Smusz's breast cancer three years ago.

The settlement was revealed in court papers filed in Botetourt County Circuit Court on Friday.

Details of the settlement were not made public. Smusz's husband, Frank, said he is not allowed to provide specifics under the settlement.

``It was settled to my satisfaction,'' he said. ``It has been a long time coming.''

Lawyers for Smusz contended that high-dose chemotherapy with a bone-marrow transplant, which cost more than $150,000, was widely accepted by the medical community and considered the best treatment for many women in the late stages of breast cancer.

Blue Cross, which now operates under the name Trigon Blue Cross Blue Shield, maintained that the treatment had not been proven safe and effective. About 10 percent of women with breast cancer who get the treatment die from it.

Smusz said his position has been vindicated by time.

``The treatment is now part of coverage,'' he said. ``There wasn't much more that could be accomplished by going forward to trial.''

Lorraine Smusz died in 1992 when her cancer returned despite a bone-marrow transplant. She paid for the procedure mostly with donations given after her story was made public.

Despite the settlement, Frank Smusz said losing her is still his major concern.

``Ultimately, what I wanted was my wife,'' he said. ``I don't have her.''

by CNB