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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.