Legal Opinion

Electrostim Medical Services, Inc. v. Health Care Service Corp.

District Court, S.D. Texas

Decided August 2, 2013No. Civil Action No. H-11-2745PublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM AND OPINION

LEE H. ROSENTHAL, District Judge.

This lawsuit arises from claims for insurance payments relating to a medical device intended for pain relief. The device and related services were provided by Electrostim Medical Services, Inc. (“Electrostim”) to patients in different states and covered by different health-insurance plans, many issued by entities affiliated with Blue Cross Blue Shield. Electrostim sued Health Care Service Corp., doing business as Blue Cross Blue Shield of Texas (“BCBSTX”), alleging wrongful failure to pay medical claims for the device and services.…

2Cases cited58 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  5. Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co.Court of Appeals for the Fifth Circuit · 2002

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3Cited by5 opinions

  1. Innova Hospital San Antonio, L.P. v. Blue Cross & Blue Shield of Georgia, Inc.District Court, N.D. Texas · 2014
  2. Mid-Town Surgical Center, L.L.P. v. Humana Health Plan of Texas, Inc.District Court, S.D. Texas · 2014
  3. Abira Medical Laboratories, LLC v. UMR Insurance CompanyDistrict Court, W.D. Texas · 2025
  4. Abira Medical Laboratories, LLC, d/b/a Genesis Diagnostics v. Healthy BlueDistrict Court, M.D. Louisiana · 2026
  5. Patrick Shih v. Blue Cross and Blue Shield of TexasDistrict Court, S.D. Texas · 2026

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