Dugan v. Nickla

MEMORANDUM OPINION AND ORDER

HART, District Judge.

I. FACTS

Defendant Arthur Nickla had emergency surgery performed on his left knee. Alleging failure to promptly diagnose his knee condition, defendant filed a lawsuit in state court for medical malpractice and, on March 28, 1990, a jury awarded him $140,-750. 1 At the time of his surgery, Nickla was a participant in the Midwest Operating Engineers Welfare Fund (the “Fund”), which paid all of defendant’s medical expenses. The Fund was, and still is, an employee welfare benefit plan governed by Employee Retirement Income Security Act of 1974…