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A Texas jury verdict in a negligence suit against an HMO may give plaintiffs a detour around the U.S. Supreme Court's decision in Aetna Health Inc. v. Davila . In Davila , the justices unanimously ruled that patients cannot sue under state tort law for an insurer's refusal to pay for doctor-recommended medicines and procedures. Although the high court found ERISA pre-empts such suits, a judge last month awarded $9 million in damages to the plaintiffs in what's seen as a "groundbreaking case."
August 08, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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