UnitedHealthcare Insurance Co. convinced a federal judge in Massachusetts to dismiss a proposed class action challenging its coverage of a cancer treatment called proton beam therapy, but the patient who sued will get another chance to make her case.
Kate Weissman’s complaint states a valid claim for fiduciary breach under the Employee Retirement Income Security Act, but it must be dismissed because it doesn’t also include a claim for ERISA benefits, Judge Allison D. Burroughs held Wednesday. Burroughs dismissed the case but gave Weissman three weeks to file a new complaint.
The lawsuit accuses United of systematically denying coverage for ...