“Aetna Dodges ERISA Suit Over Plan Disclosures at 11th Circ.”


In an article published on August 27, 2018 in Law360, Weinberg Wheeler Hudgins Gunn & Dian attorneys Gary J. Toman and Jennifer A. Adler were refenced as counsel to Aetna Health Inc. The Eleventh Circuit affirmed a lower court's decision to toss a dermatologist’s $1.7 million lawsuit accusing Aetna Health Inc. and a subsidiary of violating the Employee Retirement Income Security Act by failing to provide her with copies of her patients' benefits plans. A unanimous three-judge panel said plaintiff W.A. Griffin had not obtained the assignments of rights to request summaries of her patients' employer-sponsored health plans from Aetna subsidiary Coventry Healthcare of Georgia Inc. when she asked Coventry for them. Therefore, Coventry didn't violate ERISA for repeatedly refusing to hand over copies of the plans, the panel said.

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