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Class action status is being sought in a lawsuit filed against the government and Prudential Life Insurance Co. on behalf of a father who is seeking death benefits for his stillborn son. Michael Warnock, an Army reservist who was enrolled in the military's Servicemembers Group Life Insurance program, made a $10,000 claim after his son was stillborn after 38 weeks of gestation. The government and the insurance company refused to pay Warnock's claim. The suit is claiming breach of contract, and if granted class action status could include other couples in the military's insurance program who had stillborn babies after August 1993. The class would cover couples whose stillborn babies were in gestation for at least 20 weeks, as Indiana law requires a burial for any child who dies after 20 weeks of gestation.

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Reader Comments

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Lawyers litigated Warnock v. Office of Servicemembers' Group Life Ins. I have a potential claim for FSGLI against OSGLI under similar, but distinguished facts.
OSGLI denied my claim regarding my son’s death relying on the Warnock case. Unlike in Warnock, my son was full-term (40 weeks), fully grown (7 pounds 15 ozs.), and died during or after labor as the top of his head could be seen. After a crash C-section, doctors spent 47 minutes trying to resuscitate.

I think the Court in Warnock got it wrong. I can’t believe Congress didn’t intend to provide coverage under the circumstances of my son’s death.

Thanks for your consideration.

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