Kulakowski v. Rochester Hospital Service Corp.
District Court, W.D. New York
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
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Jackson Dairy, Inc. v. H. P. Hood & Sons, Inc.Court of Appeals for the Second Circuit · 1979
- Reichelt v. Emhart Corp.Court of Appeals for the Second Circuit · 1990
- Pirozzi v. Blue Cross-Blue Shield of VirginiaDistrict Court, E.D. Virginia · 1990
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3Cited by13 opinions
- Mary P. Dahl-Eimers v. Mutual of Omaha Life Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1993
- Taylor v. Blue Cross & Blue ShieldMichigan Court of Appeals · 1994
- Tepe v. Rocky Mountain Hospital & Medical ServicesColorado Court of Appeals · 1995
- Kekis v. Blue Cross & Blue Shield of Utica-Watertown, Inc.District Court, N.D. New York · 1993
- Leonhardt v. Holden Business Forms Co.District Court, D. Minnesota · 1993
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