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GILES v. NYLCARE HEALTH PLANS, INC.

No. 97-20840.

172 F.3d 332 (1999)

Bridgett GILES, Individually and as the Personal Representative of the Estate of Alex Giles, a Minor, Deceased, Plaintiff-Appellee, v. NYLCARE HEALTH PLANS, INCORPORATED, et al., Defendants, NYLCare Health Plans, Incorporated, and NYLCare Health Plans of the Gulf Coast, Inc., Formerly Known as Sanus Health Plan, Incorporated, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 9, 1999.

Attorney(s) appearing for the Case

Maria P. Sperando, Gary, Williams, Parenti, Finney, Lewis & McManus, Stuart, FL, George Parker Young, Friedman, Young & Suder, Fort Worth, TX, Price Ainsworth, Spivey & Ainsworth, Houston, TX, for Plaintiff-Appellee.

George William Scott, Karen L. Handorf, U.S. Dept. of Labor, Office of the Solicitor, Washington, DC, for Secretary of Labor, Amicus Curiae.

Neal Stuart Manne, J. Hoke Peacock, III, Susman Godfrey, Houston, TX, for Defendants-Appellants.

Before DAVIS, SMITH, and WIENER, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

After her son Alex died while under a provider's care, Bridgett Giles sued her health maintenance organization ("HMO") alleging, inter alia, vicarious liability and negligence in selecting the plan's providers. After removal, the district court remanded to state court. We affirm.

I.

Giles brought this medical malpractice case on behalf of Alex against NYLCare Health Plans of the Gulf Coast, Inc. ("NYLCare"),...

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