Patient Loses Atty Fee Bid In ERISA Fight At 5th Circ.

Law360 (June 30, 2020, 6:22 PM EDT) -- The Fifth Circuit has refused to force Humana to foot a patient's attorney fee tab incurred in her suit over eating disorder treatment coverage, rejecting her argument that the appellate court's revival of her case meant she could collect those fees.

A three-judge panel on Monday denied plaintiff Katherine P.'s bid to collect about $59,000 in attorney fees in her Employee Retirement Income Security Act suit accusing Humana Health Plan Inc. of wrongly not paying for her full stay at an eating disorder treatment facility.

While the panel in May revived her lawsuit and kicked the case back to the lower...

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