Court Rejected Hospital’s Attempt to Dismiss Case
Boston Children’s Hospital fought to have the case dismissed, asserting that fiduciaries are not obligated to select the lowest-cost retirement plans. The hospital also claimed that many plaintiffs had not actually invested in the funds under scrutiny.
However, U.S. District Judge Angel Kelley rejected that argument in March 2023, ruling that the participants had plausibly alleged a fiduciary breach. With that decision, the case moved forward, intensifying pressure on the hospital to resolve the claims.
Legal Teams and Case Background
The retirement plan participants are represented by attorneys from Miller Shah LLP, Bailey & Glasser LLP, and Capozzi Adler PC, while Boston Children’s Hospital has enlisted Morgan Lewis & Bockius LLP for its defense.
The case, Monteiro et al. v. The Children’s Hospital Corp. et al., is being heard in the U.S. District Court for the District of Massachusetts under case number 1:22-cv-10069.
With the settlement now in motion, all eyes will be on the court’s next move as Boston Children’s Hospital seeks to put this costly legal battle behind it.
