RIVERS v. HEALTH OPTIONS CONNECT, INC.

No. 99-8398-CIV.

96 F.Supp.2d 1370 (2000)

Jean RIVERS, as Personal Representative of Joarvonia Anita Miller, deceased, and as Administratix of the Estate of Joarvonia Anita Miller, deceased, Plaintiff, v. HEALTH OPTIONS CONNECT, INC., a Florida corporation, f/k/a Principal Health Care of Florida, Defendant.

United States District Court, S.D. Florida.

February 29, 2000.


Attorney(s) appearing for the Case

David William Boone, Simone R. Siex, Joarvonia Anita Miller, Atlanta, GA, for plaintiff.

Steven Mark Ziegler, Sondra Lee Farber, Andres Gonzalez, Steven M. Ziegler PA, Hollywood, FL, for defendant.


ORDER ON OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATION

FERGUSON, District Judge.

The broad question presented by the objections to the Report and Recommendation is whether a wrongful death state action based on the negligent decision of a managed health plan physician-administrator, which rejected a request of the patient's private physician to extend a hospital stay, is completely preempted by the Employee Retirement Income Security

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