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KULAKOWSKI v. ROCHESTER HOSP. SERVICE CORP.

No. CIV-91-6505T.

779 F.Supp. 710 (1991)

Rebecca KULAKOWSKI, Plaintiff, v. ROCHESTER HOSPITAL SERVICE CORPORATION and Genesee Valley Medical Care, Inc., d/b/a "Blue Choice", Defendants.

United States District Court, W.D. New York.

December 17, 1991.

Attorney(s) appearing for the Case

Robert B. Koegel, Ernstrom & Estes, Rochester, N.Y., for plaintiff.

William L. Dorr, Harris Beach & Wilcox, Rochester, N.Y., for defendants.

DECISION AND ORDER

TELESCA, Chief Judge.

INTRODUCTION

The plaintiff Rebecca Kulakowski ("Mrs. Kulakowski") is a 34-year old woman who suffers from metastatic breast cancer. In late October 1991, Mrs. Kulakowski requested pre-approval from defendants (collectively, "Blue Choice") for a course of treatment for her cancer which involves the combined use of high doses of chemotherapy and an autologous bone marrow transplant ("HDC/ABMT"). Several weeks...

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