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DOE v. GROUP HOSPITALIZATION & MEDICAL SERVICES

No. 92-2525.

3 F.3d 80 (1993)

John DOE; Firm Doe, Plaintiffs-Appellants, v. GROUP HOSPITALIZATION & MEDICAL SERVICES, d/b/a Blue Cross and Blue Shield of the National Capital Area, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 18, 1993.

Attorney(s) appearing for the Case

Kirk R. Ruthenberg, Sonnenschein, Nath & Rosenthal, Washington, DC, argued (Duane C. Quaini, Amy L. Bess, Sonnenschein, Nath & Rosenthal, Washington, DC, on the brief), for plaintiffs-appellants.

Charles Joseph Steele, Foley & Lardner, Washington, DC, argued (Mary Atchley Jester, Foley & Lardner, Washington, DC, on the brief), for defendant and appellee.

Before POWELL, Associate Justice (Retired), United States Supreme Court, sitting by designation, and HALL and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

John Doe, a 59-year-old law partner of Firm Doe in Washington, D.C., was diagnosed in late 1991 with multiple myeloma, a rare and typically fatal form of blood cancer. His physician, Dr. Kenneth C. Anderson of the Dana-Farber Cancer Institute, affiliated with Harvard Medical School, prescribed a treatment that involved an initial course of chemotherapy to reduce the percentage of tumor cells. Provided Doe responded to the...

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