Yarick v. Pacificare of California, No. F057032

In plaintiff-estate's suit against the defendant health care providers and health care benefits providers alleging that the events resulting in the 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 the federal statute expressly preempts applications of state laws where standards for Medicare Advantage plans are established pursuant to the Medicare law, and 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.   

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Appellate Information

Filed December 1, 2009

Judges

Opinion by Judge Vartabedian

Counsel
For Appellant:   Balisok & Associates, Inc., Russell S. Balisok and Steven C. Wilheim

For Appellee:   Dorsey & Whitney, Steven D. Allison and Christy L. Bertram