Legal Opinion

Kulakowski v. Rochester Hospital Service Corp.

District Court, W.D. New York

Decided December 17, 1991No. CIV-91-6505TPublishedCited by 13 opinions

1Opinion of the Court

DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

The plaintiff Rebecca Kulakowski (“Mrs. Kulakowski”) is a 34-year old woman who suffers from metastatic breast cancer. In late October 1991, Mrs. Kulakowski requested pre-approval from defendants (collectively, “Blue Choice”) for a course of treatment for her cancer which involves the combined use of high doses of chemotherapy and an autologous bone marrow transplant (“HDC/ABMT”). Several weeks later, her request was denied. She then commenced this action pursuant to 29 U.S.C. § 1132(a)(1)(B) 1 , seeking to enforce her rights as a beneficiary…

2Cases cited7 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  3. Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  4. Reichelt v. Emhart Corp.Court of Appeals for the Second Circuit · 1990
  5. Pirozzi v. Blue Cross-Blue Shield of VirginiaDistrict Court, E.D. Virginia · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Mary P. Dahl-Eimers v. Mutual of Omaha Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1993
  2. Taylor v. Blue Cross & Blue ShieldMichigan Court of Appeals · 1994
  3. Tepe v. Rocky Mountain Hospital & Medical ServicesColorado Court of Appeals · 1995
  4. Kekis v. Blue Cross & Blue Shield of Utica-Watertown, Inc.District Court, N.D. New York · 1993
  5. Leonhardt v. Holden Business Forms Co.District Court, D. Minnesota · 1993

8 more not listed; retrieve them via the Exa API.

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