PAPPAS v. ASBEL


768 A.2d 1089 (2001)

Basil PAPPAS and Theodora Pappas, H/W, Plaintiffs, v. David S. ASBEL, D.O., Defendant. Pennsylvania Hospital Insurance Co. (PHICO) and The Commonwealth of Pennsylvania Medical Professional Liability Catastrophe Loss Fund (Cat Fund), Defendants/Appellees. United States Healthcare System of Pennsylvania, Inc., Additional Defendant/Appellant.

Supreme Court of Pennsylvania.

Decided April 3, 2001.


Attorney(s) appearing for the Case

Burt M. Rublin, Philadelphia, for U.S. Healthcare Systems of Pa.

Wayne Berry, Philadelphia, for Amicus-Secty. Dept. of Labor

Stephan A. Ryan, for PHICO and Commonwealth.

James E. Colleran, Philadelphia, for Basil and Theodora Pappas.

James I. Devine, Philadelphia, for David S. Asbel.

Leslie Anne Miller, Peter J. Hoffman, Veronica N. Olszewski, Philadelphia, for Amicus-American Med. Ass., et al.

Joseph M. Melillo, Harrisburg, for Amicus-Pa. Trial Lawyers Assoc.

Elizabeth Metz, Harrisburg, for Amicus-Pa. Medical Society.

Before: FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.


OPINION

CAPPY, Justice.

Based on the principles the United States Supreme Court articulated in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Ins. Co., 514 U.S. 645, 115 S.Ct. 1671, 131 L.Ed.2d 695 (1995), we issued an opinion in the instant case on December 23, 1998, holding that the state law medical negligence claims asserted against third-party defendant United States Healthcare...

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