UnitedHealthcare Notches Early Win in Liposuction Coverage Suit

UnitedHealthcare Insurance Co. largely defeated a proposed class action claiming it doesn’t properly cover liposuction for people with lipedema, according to a Sept. 27 ruling from the Northern District of California.

Mary Caldwell’s class action complaint didn’t provide enough information about the terms of her health plan to maintain a lawsuit for benefits under the Employee Retirement Income Security Act, Judge William Alsup held.

However, Alsup declined to dismiss Caldwell’s claim for fiduciary breach, holding that she’s entitled to plead alternative legal theories so long as she doesn’t win a double recovery.

Caldwell accused United of wrongly denying coverage for ...