Fink v. Delaware Valley HMO

HOFFMAN, Judge:

This is an appeal from an order granting appellee Delaware Valley HMO’s (DVHMO’s) preliminary objections and dismissing Counts II through XI of appellant Harriet Marie Fink’s complaint. Appellant presents the following issue for our review:

Whether the learned trial judge erred in holding 5 U.S.C. § 8901 et. seq. preempts plaintiffs state common law tort claims?

Appellant’s Brief at 5. 1 For the following reasons, we quash appellant’s appeal as to the dismissal of her counts for interference with contractual relations and punitive damages and affirm as to the remainder of claims.

T…