Killian v. Concert Health Plan

MANION, Circuit Judge, with whom SYKES, Circuit Judge, joins,

concurring in part, dissenting in part.

Susan and James Killian were understandably distraught when they learned in early April 2006 that Susan had lung cancer, that it had spread to her brain, and that the brain tumors were inoperable. It is also only natural that their thoughts were focused on Susan’s health and finding a doctor able to operate and remove the tumors, and not on the terms of Susan’s health insurance plan. And so the Killians did not inquire in advance whether her doctors or Rush University Medical Center were within…