· 11/9/1994
David Allen Hendricks v. Central Reserve Life Insurance Company
Citations
- 39 F.3d 507
- 18 Employee Benefits Cas. (BNA) 2249
- 1994 U.S. App. LEXIS 31301
- 1994 WL 617910
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that “[w]hile the components of the treatment proposed are fairly well known, ... the proposed treatment was experimental or investigative”
- observing that credibility determinations are “best committed to the district court”
- finding HDC/PSCR to be experimental where plaintiff was the first patient in state to receive the treatment for small cell lung cancer
- applying rules of contract interpretation to benefit plan provision in ERISA lawsuit
- \An appellate court should be especially reluctant to set aside a finding based on the trial court's evaluation of conflicting expert testimony.\
- consent form stated that “the treatment may not help [the plaintiff] and that his only benefit may be contributing to the ‘advancement of science.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Niemeyer, Michael, Motz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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