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Vanderbilt University Law School

Statutory interpretation

Medical Jurisprudence

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Full-Text Articles in Law

Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholomew May 1999

Erisa Preemption Of Medical Malpractice Claims In Managed Care: Asserting A New Statutory Interpretation, Karla S. Bartholomew

Vanderbilt Law Review

If Congress wants the American citizens to have access to adequate health care, then Congress must accept its responsibility to define the scope of ERISA preemption and to enact legislation that will ensure every patient has access to that care.' Congress enacted the Employee Retirement Income Security Act of 1974 ("ERISA) to protect employee interests and ensure a uniform body of law for pension and benefit plans. The statute's expansive preemption clause and preclusion of extra-contractual damages have since been used to immunize Managed Care Organizations ("MCOs") from liability for patients injuries resulting from medical malpractice. Because plaintiffs with preempted …


"Daigle V. Shell Oil Company" And The Bumpy Road To The Recoverability Of Medical Monitoring Expenses Under Cercla, Kristin E. Sweeney Jan 1994

"Daigle V. Shell Oil Company" And The Bumpy Road To The Recoverability Of Medical Monitoring Expenses Under Cercla, Kristin E. Sweeney

Vanderbilt Law Review

In 1980, President Carter signed the first hazardous waste cleanup bill into law.' The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) serves as a tool for government cleanup of hazardous waste sites, but those who anxiously waited for Congress to pass a hazardous waste cleanup bill were disappointed with the final bill. The proposed bill had been broadly compromised. The lack of legislative history indicates the rushed process through which Congress passed the bill. Like a game show contest- ant who must accept or reject what is behind the door without knowing exactly what it entails, the House had …