Legal Battle and Court Rulings
Elevance attempted to dismiss the case, arguing that the plaintiffs had failed to include necessary parties and that, as the parent company, it had no direct authority over coverage decisions.
However, in August 2020, U.S. District Judge Gregory F. Van Tatenhove ruled that Elevance could not escape liability, as it had created the policies governing these claim denials. While the judge did dismiss parts of the case over procedural issues, he ultimately determined that Elevance bore responsibility for its coverage decisions.
Awaiting Final Approval
The settlement now awaits court approval, which would bring an end to the long-running legal battle. Representatives for both Elevance and the plan members have yet to comment on the agreement.
Legal Representation
- The plaintiffs are represented by M. Austin Mehr and Philip G. Fairbanks of Mehr Fairbanks Trial Lawyers PLLC.
- Elevance is represented by Cory J. Skolnick, Gene F. Price, Jason P. Renzelmann, and Miles Harrison of Frost Brown Todd LLP.
