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Empire Blue Cross Gets Early Win In Suit Over Botox Denial

Law360 (May 23, 2018, 6:30 PM EDT) -- Empire Blue Cross Blue Shield slipped an Employee Retirement Income Security Act suit Tuesday claiming it wrongfully refused to cover allegedly experimental Botox treatments for a beneficiary’s gastric disease, according to a New York federal judge’s order finding the denial was proper under the terms of the woman’s health plan.

U.S. District Judge Denis R. Hurley said Empire BCBS followed the requirements set out by ERISA and the plan’s own terms, which stated that coverage isn’t provided for experimental or investigational treatments, granting summary judgment for...
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Case Information

Case Title

Walsh v. Empire Blue Cross/Blue Shield, Inc.

Case Number



New York Eastern

Nature of Suit

Other Statutory Actions


Denis R. Hurley

Date Filed

July 6, 2016

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