Aetna Gets Challenge to Cancer Treatment Coverage Trimmed

A breast cancer survivor who sued Aetna Life Insurance Co. over its coverage of proton beam radiation therapy again lost her bid to bring simultaneous claims for benefits and fiduciary breach under federal benefits law, according to a ruling by a federal judge in Florida.

Sharon Prolow’s claim for fiduciary breach under the Employee Retirement Income Security Act seeks the same relief—reimbursement for her cancer treatments—as her claim for benefits under the statute, Judge Kenneth A. Marra of the U.S. District Court for the Southern District of Florida held. Because Prolow has an adequate remedy through her claim for plan ...