On March 10, 2017, Shepherd, Finkelman, Miller & Shah, LLP and its co-counsel filed their consolidated amended complaint (“Complaint”) seeking class action status against United Healthcare Services (“Defendants”) in the United States District Court for the Northern District of California (Condry, et al. v. UnitedHealth Group Inc., et. al, Case No. 3:17-cv-00183-VC) on behalf of Rachel Condry, Jance Hoy, Christine Endicott, Laura Bishop, Felicity Barber, Rachel Carroll and all others similarly situated (collectively, the “Plaintiffs”). The Complaint asserts that Defendants breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, by wrongfully denying and continuing to deny Plaintiffs access to and coverage for vital women’s preventive services, such as breastfeeding support, supplies and counseling, for which coverage is mandated by the Patient Protection and Affordable Care Act (“ACA”).
Quoting from the Complaint, “A key directive of the ACA was that all individual and group health plans would provide access to and coverage for preventive health care benefits. […] In addition to the policy of promoting preventive health benefits for all, the ACA specifically recognized the need to address the unique preventive health needs of women throughout their lives.” However, “[c]ontrary to the ACA, […] Defendants are denying Plaintiffs and the members of the Classes the ACA-mandated access to and coverage for Comprehensive Lactation Benefits from trained providers for insured pregnant and postpartum women.”
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