California Court of Appeal
Yarick v. Pacificare of California, F057032
In plaintiff-estate's suit against defendant health care providers and health care benefits providers alleging that the events resulting in decedent's death happened because of the financial pressures and incentive that arose from the care providers' contracts with the defendants, trial court's order sustaining defendants' demurrer is affirmed as: 1) federal law expressly preempts applications of state laws where standards for Medicare Advantage plans are established pursuant to the Medicare law; and 2) to the extent the plaintiff seeks to allege causes of action based on state common law concepts of duty independent of the Health and Safety Code provisions cited, those common law causes of action are preempted.
Appellate Information
- Decided 12/01/2009
- Published 12/01/2009
Judges
Court
- California Court of Appeal
Counsel
- For Appellant:
- Balisok & Associates, Inc., Russell S. Balisok and Steven C. Wilheim, for Plaintiff and Appellant.
- For Appellees:
- Dorsey & Whitney, Steven D. Allison and Christy L. Bertram, Irvine, for Defendant and Respondent.