Carpenter v. Harris Community Health,
No. 4:00-CV-1617-4 (N.D. Tex. June 25, 2001)

Parents of deceased infant sued HMO in state court contending that their primary care physician failed to diagnose congenital heart disease. HMO removed the case to federal court arguing that the state courts claim was pre-empted by ERISA. The United States District Court ruled that because the plaintiffs' claim did not challenge administration or eligibility for benefits or otherwise rest on the terms of their ERISA benefit plan, but instead arise from the alleged inadequacy of medical care and the HMO's alleged influence over that care, the claim was not pre-empted by ERISA. The matter was remanded back to state court.