Aetna Blasts Conformis For Using Patient To Force Coverage

Law360 (July 24, 2020, 5:52 PM EDT) -- Conformis is using an osteoarthritis patient as a means to compel Aetna to cover the medical device manufacturer's knee replacements, the insurer argued in trying to dismantle most of a suit claiming it flouted federal benefits law and committed trade libel.

Aetna Inc. on Thursday moved to dismiss nearly all of a lawsuit challenging its coverage exclusion for Conformis Inc.'s customized total knee implants. The insurer argued that Conformis has co-opted patient and fellow plaintiff John Schaub's Employee Retirement Income Securities Act claim for benefits denial "and turn it into a quasi-class action to force Aetna to cover the Conformis custom...

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