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ERISA does not preempt state medical malpractice suit, Second Circuit rules.

Publication: Trial
Publication Date: 01-APR-03
Format: Online - approximately 731 words
Delivery: Immediate Online Access

Article Excerpt
In a case of first impression for the Second Circuit, a three-judge panel held that a medical malpractice claim brought in state court regarding an HMO's treatment decision is not preempted by the Employee Retirement Income Security Act (ERISA). (Cicio v. Vytra Healthcare, No. 01-9248, 2003 WL 283150 (2d Cir. Feb. 11, 2003).)

The district court for the Eastern District of New York dismissed all 18 claims filed by the widow of a cancer patient who was denied treatment by his HMO. The court said all the claims were administrative and thus preempted by ERISA [subsection] 502(a) and 514(a). The circuit court affirmed that claims involving timeliness in...

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