United States Fifth Circuit

Where decedent suffered from morbid obesity and had two stomach stapling surgeries, then died from sepsis following the second surgery when the sutures broke, the death was a foreseeable complication of medical treatment and not accidental for ERISA purposes.

Appellate Information

• Decided 03/07/2001
• Published 03/07/2001

Judges

• EDITH H. JONES, Circuit Judge:, Before JOLLY, JONES and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Winford L. Dunn, Jr. (argued), Dunn, Nutter, Morgan & Shaw, Texarkana, AR, for Plaintiff-Appellant.


• For Appellees:
  
• Kevin J. Cook (argued), Bobby D. Dyess, Payne & Blanchard, David Michael Walsh, IV, Chamblee & Ryan, Dallas, TX, for Defendant-Appellee.