Legal Opinion
Waldschmidt v. Aetna U.S. Healthcare
District Court, W.D. Pennsylvania
Decided August 14, 2002No. 02C827PublishedCited by 1 opinion
1Opinion of the Court
OPINION and ORDER OF COURT
AMBROSE, District Judge.
SYNOPSIS
Pending is Plaintiffs Motion to Remand (Docket No. 9) an action which had been removed to this Court on the basis of complete preemption under ERISA. Plaintiff contends that her husband’s death is attributed to his health care provider’s decision to place him in a substandard nursing facility, insisting that her claim focuses upon the quality of medical care received, rather than the quantity of benefits received, Plaintiff reasons that it is not completely preempted. I disagree. Plaintiffs claim is, at essence, one that her husband…
2Cases cited9 opinions
- Pegram v. HerdrichSupreme Court of the United States · 2000
- Cecilia Dukes, Trustee Ad Litem of the Estate of Darryl Dukes, Deceased v. U.S. Healthcare, Inc. Germantown Hospital & Medical Center William W. Banks, M.D. Charles R. Drew Mental Health Center Edward B. Hosten, M.D. Serena Mary Visconti, Deceased, by Linda and Ronald Visconti, as Administrators of the Estate of Serena Mary Visconti, Deceased Linda Visconti Ronald Visconti, in Their Own Right v. U.S. Health Care, A/K/A the Health Maintenance Organization of Pennsylvania/njCourt of Appeals for the Third Circuit · 1995
- In Re in ReCourt of Appeals for the Third Circuit · 1999
- Pryzbowksi v. U.S. Healthcare, Inc.Court of Appeals for the Third Circuit · 2001
- Jonathan Lazorko, Administrator of the Estate of Patricia Norlie, A/K/A Patricia Norlie-Lazorko Jonathan Lazorko, Personal Representative of Patricia Norlie-Lazorko v. Pennsylvania Hospital Institute of Pennsylvania David E. Nicklin, M.D. University City Family Medicine U.S. Healthcare, T/a/ Hmo-Pa Jonathan Lazorko, Administrator of the Estate of Patricia Norlie, A/K/A Patricia Norlie-Lazorko Jonathan Lazorko, Personal Representative of Patricia Norlie-Lazorko v. Pennsylvania Hospital Institute of Pennsylvania David E. Nicklin, M.D. University City Family Medicine U.S. Health Care, T/a/ Hmo-Pa Jonathan Lazorko, Administrator of the Estate of Patricia Norlie, A/K/A Patricia Norlie-Lazorko Jonathan Lazorko, Personal Representative of Patricia Norlie-Lazorko v. Pennsylvania Hospital Institute of Pennsylvania David E. Nicklin, M.D. University City Family Medicine U.S. Health Care, T/a/ Hmo-PaCourt of Appeals for the Third Circuit · 2000
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3Cited by1 opinion
- BOWDEN v. EXPRESS SCRIPTS, INC.District Court, W.D. Pennsylvania · 2025