Bigelow v. United Healthcare Of Mississippi, Inc. 213 F.3d 254 (5^th Cir. 2000)-The Fifth Circuit affirmed the district court's finding that a former employee of the City of Pass Christian was not entitled to insurance coverage for medical expenses incurred after the expiration of her 18 months of continuation coverage. Ms. Bigelow claimed that neither her employer nor UHM properly notified her that her health insurance coverage would be ending, and therefore that she was entitled to equitable relief under ERISA as amended by COBRA. Even though she should have brought the action under the Public Health Services Act (PHSA), this court decided to consider the merits of the appeal based on the similarity of the applicable sections in the two statutes.

Although her employer may have misled her when it carelessly accepted premium payments for months for which she was no longer covered, it had provided her acceptable written notice. It was Bigelow's fault, stated this court, that she failed to read the documents provided her. This court declined to address whether the PHSA would preempt the state law claims of detrimental reliance against the city since that issue was not properly before the court.