Justice Ginsburg's Fiduciary Loophole: A Viable Achilles' Heel to HMOs' Impenetrable ERISA Shield From: Brigham Young University Law Review | Date: November 1, 2006| Author: Johnson, Charlotte | Copyright Brigham Young University, Reuben Clark Law School 2006. Provided by ProQuest LLC.Copyright information

I. INTRODUCTION

Although at first Juan Davila only felt weak, he was later rushed to the emergency room to find severe internal bleeding that nearly took his life. With seven units of blood, five days in critical care, and a subsequent hospital stay, he barely cheated death, but not unscathed.1 Previously, his health maintenance organization (HMO), Aetna, had refused to cover Vioxx-the medication recommended by his physician to treat his rheumatoid arthritis-and instead only consented ...

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