$3,625,000 Proton Beam Radiation Therapy Class Action Settlement Approved

A federal judge in Nashville has approved a class action settlement for $3,625,000 arising out of the insurance denials for proton beam radiation therapy, used to treat prostate cancer. Firm clients Todd Taylor and Thomas Lahowetz sued their health insurance plan administrators after those administrators denied their coverage requests for the proton beam radiation therapy. Taylor and Lahowetz brought their ERISA claims for benefits on their own behalf and on behalf of on behalf of others similarly situated.  The settlement, funded by defendants Blue Cross Blue Shield Healthcare Plan of Georgia, Inc. and Anthem Insurance Companies, Inc., will be divided among as many as 138 class members, and is intended to partly reimburse them for their medical expenses that – under the case theory – should have been covered.

The Court’s order granting final approval is here. The Court’s order that awarded fees, expenses and service awards is here.