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Loss of consortium claim for same-sex civil union?

The recent flurry of national activity surrounding same-sex marriages brings to mind a recent case of ours. Margaret Mueller ("Marge") and her longtime partner Charlotte Stacey came to our firm several years ago. Marge had been treating for ovarian cancer for about 2½ years when she found out that she did not actually have ovarian cancer, but rather appendix cancer that had spread to her ovaries. The treatment for the two cancers was entirely different, and Marge lost the opportunity to treat her appendix cancer properly as a result of the botched diagnosis. Unfortunately, while the case was pending, Marge died.

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