UnitedHealthcare Wins Toss Of 'Proton Beam' Coverage Suit

Law360 (March 25, 2020, 5:30 PM EDT) -- UnitedHealthcare on Wednesday dodged a class action over its decision to deny coverage for an experimental "proton beam" cancer treatment, but a Massachusetts federal judge said the cancer survivor who filed the case will get a chance to amend her claims.

U.S. District Judge Allison D. Burroughs ruled that Kate Weissman's complaint improperly sought relief under a catch-all statute of the federal Employee Retirement Income Security Act, rather than a more specific section of the law. The judge said she would give Weissman's attorneys three weeks to fix their errors.

"Though Weissman has pled sufficient factual allegations concerning the defendants' application of the plan to...

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