District Court of Appeal of Florida

A summary judgment and a final judgment awarding damages in favor of plaintiff in an action against her HMO provider to recover the cost of certain cancer treatment is reversed where a plan did not violate Florida Statutes section 641.31(4), and there was a genuine issue of material fact as to whether the treatment at issue met the requirements of an exception to a plan exclusion for experimental or investigational services.

Appellate Information

• Decided 04/21/2006
• Published 04/21/2006

Judges

• SILBERMAN, Judge.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Charles C. Lane of Lau, Lane, Pieper, Conley & McCreadie, P.A., Tampa, for Appellant.


• For Appellees:
  
• Robin Gibson of Gibson, Valenti & Ashley, P.A., Lake Wales, for Appellee.