Brewer v. Geisinger Clinic Inc.

45 Pa. D. & C.4th 215, 2000 Pa. Dist. & Cnty. Dec. LEXIS 323
CourtPennsylvania Court of Common Pleas, Lackawanna County
DecidedMarch 31, 2000
Docketno. 98 Civil 733
StatusPublished

This text of 45 Pa. D. & C.4th 215 (Brewer v. Geisinger Clinic Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brewer v. Geisinger Clinic Inc., 45 Pa. D. & C.4th 215, 2000 Pa. Dist. & Cnty. Dec. LEXIS 323 (Pa. Super. Ct. 2000).

Opinion

COTTONE, S.J.,

This court is called upon to address a number of issues raised by various defendants via preliminary objections. The defendant, Geisinger Health Plan, has raised several objections to the complaint. First, it asserts that the plaintiffs’ cause of action against it relates to an employee benefit plan and is, therefore, preempted under section 514(a) of ERISA, 29 U.S.C. § 1144(a). This defendant also alleges that the plaintiff-husband cannot raise a claim for lack of informed consent; that the plaintiffs’ claim for punitive damages and allegations of gross, reckless and wanton conduct should be stricken; and that the claims for corporate negligence against a medical group or practice is not recognized in Pennsylvania.

The preliminary objections filed by the defendants, Geisinger Clinic,1 Penn State Geisinger Health Systems Inc., Jay Redan M.D., Clarence Mast M.D.2 and Gehred Wetzel D.O., allege that the theory of corporate negligence as it relates to them is not recognized as a valid claim in Pennsylvania; that the plaintiffs failed to state a cause of action for punitive damages; lack of specificity; and questioned whether a claim for informed consent may be raised by plaintiff-husband.

The plaintiffs aver that plaintiff-wife, Theresa Brewer, was referred by Dr. Mast, her treating physician, to Dr. Wetzel. The complaint alleges that Mrs. Brewer had been treated by Dr. Mast for approximately three years for problems with her menstrual cycle. Dr. Wetzel recom[217]*217mended that Mrs. Brewer have a total abdominal hysterectomy with removal of both fallopian tubes and ovaries. This surgery was ultimately performed by Drs. Wetzel and Mast at Tyler Memorial Hospital in May of 1997.

Shortly after her surgery, the plaintiff-wife began to experience elevated temperatures, alternating diarrhea and constipation, weakness, nausea and abdominal pain. She was readmitted to the hospital a few days later when it was discovered that she had a leak consistent with colon rectal perforation, a large abscess and partial dehiscence (splitting open) of the cervical and vagina cuff. Dr. Redan performed a colostomy and an appendectomy to treat these problems.

The plaintiffs instituted suit alleging, inter alia, that the defendants were negligent in administering and providing health care treatment for plaintiff-wife. The claim against the clinic is based upon corporate negligence.

This court must first determine whether, under the facts alleged, the Employee Retirement Income Security Act of 1974,29 U.S.C. §1001 et seq., is applicable and, thus, preempts the state tort claims against the plan. This court notes that it is undisputed that Mrs. Brewer’s medical insurance was provided to her by her employer.

ERISA is a federal statute designed to uniformly regulate employee benefit plans. In order to implement a uniform application of said plans, Congress included section 514(a), 29 U.S.C. § 1144(a), which preempts a state law when that law “relates to any employee benefits plan.” An employee benefit plan is defined as an employee welfare benefit plan. 29 U.S.C. §1002(3). Section 1002(1) further identifies what an employee welfare benefit plan is. It is any plan, fund or program estab[218]*218lished or maintained by an employer or by an employee organization that is maintained for the purpose of providing its participants or their beneficiaries medical, surgical, or hospital care benefits in the event of sickness, accident, disability, death or unemployment. 29 U.S.C. §1002(1).

To date, the United States Supreme Court has not directly addressed the issue of whether negligence claims against a health maintenance organization relate to an ERISA plan.3 The Pennsylvania Supreme Court, however, has addressed this issue in Pappas v. Asbel, 555 Pa. 342, 724 A.2d 889 (1998).

The Pappas court, after reviewing the line of cases involving ERISA preemption claims, noted that the preemption provision of ERISA, 29 U.S.C. § 1144(a), was formerly given a “broad sense of meaning.” The court commented that these earlier cases generally concluded that the state laws being reviewed had some “connection with” or “reference to” ERISA and were, therefore, preempted.

The Pappas court observed that in 1995 in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co., 514 U.S. 645, 115 S.Ct. 1671, 131 L.Ed.2d 695 (1995), the U.S. Supreme Court admitted that after several years of attempting to interpret the preemption language of ERISA, the text was “unhelpful.” 555 Pa. at 348, 724 A.2d at 892. The Pappas court [219]*219concluded that although the U.S. Supreme Court decisions from the 1980s and 1990s hold that “the preemption provision is to be read broadly, Travelers and its [line of cases] have thrown the expansive holdings of those earlier cases into question.” 555 Pa. at 350, 724 A.2d at 893. (footnote omitted) The court concluded that, based on Travelers and its progeny, negligence claims against HMOs are not related to an ERISA plan. It observed that “[a]s noted by Travelers, Congress did not intend to preempt state laws which govern the provision of safe medical care. . . . Furthermore, we believe that negligence laws have ‘only a tenuous, remote, or peripheral connection with [ERISA] covered plans, as in the cases with many laws of general applicability,’. . . and therefore are not preempted.” 555 Pa. at 351, 724 A.2d at 893-94 (citing Travelers, supra at 661, 115 S.Ct. at 1680, 131 L.Ed.2d at 708-709).

This court does not believe that the plaintiffs’ averments relative to financial or other disincentives, the requirement and/or encouragement of participating physicians to attend to an inordinate number of patients brings the instant action within the purview of ERISA. Their complaint clearly pertains to the quality of care provided to plaintiff-wife and the negligent rendering of said care and not to the administration of an employee benefit plan. As such, this court does not believe that ERISA preempts their claim. The defendant plan’s preliminary objection based upon this issue is accordingly denied.

Next, all defendants object to the inclusion of a claim for punitive damages.

“Punitive damages may be awarded for conduct that is outrageous because of the defendant’s evil motive or [220]*220his reckless indifference to the rights of others.

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Bluebook (online)
45 Pa. D. & C.4th 215, 2000 Pa. Dist. & Cnty. Dec. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-geisinger-clinic-inc-pactcompllackaw-2000.