OGLE v. EAST ALLEN COUNTY SCHOOLS

No. 02A05-0701-CV-28.

879 N.E.2d 614 (2008)

Cynthia OGLE, Appellant-Plaintiff, v. EAST ALLEN COUNTY SCHOOLS and East Allen County Schools Employee Group Benefit Plan, Appellees-Defendants.

Court of Appeals of Indiana.

January 22, 2008.


Attorney(s) appearing for the Case

Alan Verplanck, James P. Fenton, Eilbacher Fletcher, LLP, Fort Wayne, IN, Attorneys for Appellant.

Thomas E. Wheeler, II, Maggie L. Smith, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellees.


OPINION

MAY, Judge.

Cynthia Ogle was treated for Common Variable Immune Deficiency (CVID) using intravenous immunoglobulin replacement therapy (IVIG). Her employer, East Allen County Schools, paid for the treatments through its self-funded employee benefit plan ("the Plan"). The Plan administrator's independent medical reviewers determined the treatment was not medically necessary, and the Plan stopped paying. Ogle sued and the trial court granted summary...

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