KILLIAN v. CONCERT HEALTH PLAN

No. 11-1112.

742 F.3d 651 (2013)

James E. KILLIAN, Plaintiff-Appellant, v. CONCERT HEALTH PLAN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 7, 2013.

Decided April 19, 2012.

Reargued En Banc September 27, 2012.


Attorney(s) appearing for the Case

David R. Shannon , Attorney, Tenney & Bentley, Chicago, IL, for Plaintiff-Appellant.

Paul A. Farahvar , Attorney, Cuisinier, Farahvar & Benson, Ltd., Chicago, IL, Peter R. Bulmer , Attorney, Jackson Lewis P.C., Chicago, IL, Rene E. Thorne , Attorney, Jackson Lewis P.C., New Orleans, LA, for Defendants-Appellees.

Before WOOD, Chief Judge, and POSNER, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, ROVNER, WILLIAMS, SYKES, TINDER, and HAMILTON, Circuit Judges.


RIPPLE, Circuit Judge.

In February 2006, Susan Killian learned that she had lung cancer, which had spread to her brain. After physicians at Delnor Community Hospital determined that they could not operate, she sought a second opinion from a physician at Rush University Medical Center ("Rush") and soon afterward was admitted for emergency brain surgery. Although the surgery successfully removed the most serious tumor, her...

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