Elevance Must Defend Zepbound Coverage Lawsuit Over Sleep Apnea

A woman with obstructive sleep apnea advanced the bulk of her proposed class action accusing Elevance Health Inc. and Anthem Health Plans of Kentucky Inc. of failing to cover weight-loss drug Zepbound.

Judge Matthew P. Brookman on Thursday greenlighted the woman’s claims for wrongly denied benefits and fiduciary breach under the Employee Retirement Income Security Act. But Brookman blocked plaintiff Amy Newkirk from seeking disgorgement or restitution under the statute because she didn’t identify specific funds in the defendants’ possession that she’s seeking through her lawsuit.

Brookman, who sits in the US District Court for the Southern District of Indiana, ...