UnitedHealth Beats Money Damages Class in Surgical Fee Case

UnitedHealth Group Inc. and some of its affiliates and subsidiaries won’t have to face certified class claims from physicians seeking damages for the insurers’ refusal to pay out-of-network surgical fees, the Southern District of New York held Sept. 11.

But claims for injunctive relief and declaratory judgment under the Employee Retirement Income Security Act are suited to class treatment, the court said.

The class covers claims submitted by about 245 providers, implicating over 5,000 patients.

The physicians allege UnitedHealth, Optum Inc., and Oxford Health Plans LLC breached the terms of their employee health plans by refusing to pay “facility fees” ...