No, this is not a blog about medicine. It's Sanford Hausler's blog about the United States Court of Appeals for the Second Circuit and its opinions. The Court doesn't know about this, but I don't think it would mind.
Monday, September 27, 2004
The HMOs win again. On remand from the Supreme Court, the Second Circuit vacated its decision in Cicio v. John Does 1-8, and affirmed the decision of the District Court, dismissing the complaint. The Court held that under Aetna Health Inc. v. Davila, a Supreme Court case decided last term, the plaintiff's malpractice claim against her HMO was preempted by ERISA. The decision in this case can be found here.