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QUISHENBERRY v. UNITEDHEALTHCARE, INC.

No. S271501.

14 Cal.5th 1057 (2023)

LARRY QUISHENBERRY, Plaintiff and Appellant, v. UNITEDHEALTHCARE, INC., et al., Defendants and Respondents.

Supreme Court of California.

July 13, 2023.

Attorney(s) appearing for the Case

Balisok & Associates and Russell S. Balisok for Plaintiff and Appellant.

Gibson, Dunn & Crutcher, Kahn A. Scolnick , Heather L. Richardson , Jennafer M. Tryck , Patrick J. Fuster ; Walraven & Westerfeld, Bryan S. Westerfeld , Jessica B. Hardy ; Carroll, Kelly, Trotter & Franzen, Michael J. Trotter , Brenda M. Ligorsky and David P. Pruett for Defendants and Respondents.

Cole Pedroza, Curtis A. Cole and Cassidy C. Davenport for California Medical Association, California Dental Association and California Hospital Association as Amici Curiae on behalf of Defendants and Respondents.

King & Spalding, Ethan P. Davis and Matthew V.H. Noller for Chamber of Commerce of the United States of America as Amicus Curiae on behalf of Defendants and Respondents.

Fred J. Hiestand for Civil Justice Association of California as Amicus Curiae on behalf of Defendants and Respondents.

Rob Bonta , Attorney General, Renu R. George , Assistant Attorney General, Kathleen Boergers , Bryan Kao and Anna Rich , Deputy Attorneys General, for the Attorney General of California as Amicus Curiae.

OPINION

This case concerns a Medicare Advantage (MA) enrollee who died after being discharged from a skilled nursing facility. The enrollee's son, Larry Quishenberry, sued the MA health maintenance organization (HMO) plan and a health care services administrator that managed his father's MA benefits. Quishenberry pled...

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