United States Eighth Circuit

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Menz v. Proctor and Gamble Health Care Plan, 07-1997

In an action involving denial of benefits under an employee benefits plan for a "back-up" prosthetic arm and hand, grant of summary judgment on the administrative record is affirmed where: 1) district court did not err when it reviewed the Plan's decision for abuse of discretion, even though plaintiff's claim was subject to more than two appeals; 2) administrative record is not deemed incomplete as plaintiff never requested the court to permit limited discovery or supplementation of the record; and 3) plaintiff fails to demonstrate that the plan administrator abused its discretion in its denial of benefits.

Appellate Information

  • Decided 03/27/2008
  • Published 03/27/2008

Judges

  • GOLDBERG, Judge., Before COLLOTON and SHEPHERD, Circuit Judges, and GOLDBERG, Judge.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • J. Michael Ponder, Cape Girardeau, MO, for Appellant.

  • For Appellees:
  • Robert J. Golterman, Vincent D. Reese, St. Louis, MO, for Appellee Heathlink., Daniel M. O'Keefe, Heidi Kuns Durr, St. Louis, MO, for Appellee Procter and Gamble., Matthew S. Shorey, St. Louis, MO, for Appellee EPOCH Group.