He physician added, “It is my medical opinion that these periodic pelvic ultrasounds to monitor for ovarian cysts are necessary regardless of any fertility endeavors for the health of her remaining ovary. . . . If she loses her remaining ovary, she will have early onset menopause, which is associated with a myriad of medical issues that will affect her overall health and well-being for reasons beyond fertility.”
Hillary Swan alleged that the Trustees completely disregarded the real risk of losing her remaining ovary, denied her claims, and refused to pay any health benefits. Therefore, the Trustees violated the Employee Retirement Income Security Act (ERISA) and the terms of the SAG-AFTRA Health Plan.
The two-time Oscar winner stated that her lawsuit “addresses the shockingly antiquated question of whether the sole purpose of a woman and specifically her ovaries, is to procreate.”
Hillary Swank is asking the court to “clarify and enforce Swank’s past, present, and future rights to benefits” under the SAG-AFTRA Health Plan. She is also seeking a court order to obtain other equitable relief including for pre-judgment and post-judgment interest, and for attorneys’ fees and costs.
