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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I have been under oxygen therapy for the past year. Lincare

Customer Question

I have been under oxygen therapy for the past year. Lincare has been supplying tubing and repairs for the equipment. it has now been about 4 weeks that I requested new tubing and a repair on my portable oxygen machine. Until yesterday when I threatened to contact the Consumer Protection Agency did someone call me bac. The gentleman said he would find out who delivered to my area, and they knew that I was going away tomorrow for a few days with old tubing that is about 6 weeks old and a faulty machine. Needless to say no one called me today to tell me what is going on. Also myDoctor ordered a new nebulizer since mine is on it's last legs and that was in the beginning of July. Can something be done?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: It is New Jersey.
JA: Has anything been filed or reported?
Customer: No this is my first attempt and I wasn't sure of the correct procedure.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Expert Justin replied 2 months ago.

Hello! My name is ***** ***** I'll be the Expert assisting you today. Unfortunately, there is probably not a good legal remedy for you. If these items are covered by your insurance policy, you might have a good breach of contract case, but if you filed suit (even in small claims court), any resolution would likely take several months.

Can you afford to buy these supplies out of pocket? You should call Lincare and figure out if they have a reimbursement policy. Also, have you tried going to your primary physician and seeing if they can supply you with a new machine?

Other than that, I think you are on the right track by threatening to report them to the Consumer Protection Agency. Additional, if Lincare's services are being covered by your insurance company, you may be able to contact them and threaten to report them to your state's insurance oversight board for failing to provide services under the terms of the policy.

Expert:  Legal Expert Justin replied 2 months ago.

Hi, just checking in to see how things are going. Do you need further assistance?