Anthem Patient Wants 9th Circ. Revival Of Device Denial Suit

Law360 (June 2, 2021, 7:09 PM EDT) -- A California federal judge never should have tossed a proposed ERISA class action challenging Anthem's alleged refusal to pay for pain-treating medical devices, a woman who received health insurance through the company said in a brief urging the Ninth Circuit to revive her lawsuit.

In the brief filed Tuesday, Marie Fortier fought for a revival for allegations that the health insurance giant abdicated its responsibility to patients under the Employee Retirement Income Security Act by classifying the devices as experimental treatment that it wouldn't cover.

U.S. District Judge Mark C. Scarsi handed a win to Anthem last year, ruling that the...

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