Dismissal Recommended For ERISA Claims Related To COVID Infection During Surgery

( June 18, 2026, 12:04 PM EDT) -- EL PASO, Texas — A Texas federal magistrate judge recommended granting a dismissal motion filed by Employee Retirement Income Security Act (ERISA) plan administrators in a woman’s suit asserting claims against the administrators, a physician, his practice and a hospital regarding the alleged negligent treatment she received during a joint replacement surgery after which she contracted COVID-19, finding that the woman cannot plead ERISA claims while arguing that ERISA is inapplicable....