Ruby Simkins M&k Enterprises v. Nevadacare, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FISHER, Circuit Judge:
In this appeal, we must determine what forms of treatment a woman recovering from breast cancer would have understood her health insurance plan to cover if her cancer reappeared — specifically, whether it would cover high dose chemotherapy with peripheral stem cell rescue (“HDC/PSCR”). Does NevadaCare’s Plan, which includes coverage for chemotherapy and blood transfusions, but which, under an exclusion for organ transplants, excludes most tissue transplants, cover HDC/PSCR?
The district court on summary judgment found that HDC/PSCR was a tissue transplant, clearly…
2Cases cited10 opinions
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