Class Allegations Struck From Proton Beam Treatment Case

Mealey's (June 8, 2020, 9:13 PM EDT) -- CHICAGO — An insured whose proton beam radiation therapy (PBRT) treatment for brain cancer was rejected by her Employee Retirement Income Security Act plan and the plan administrator may proceed with claims for benefits and attorney fees and costs against both defendants and a breach of fiduciary duty claim against the administrator only, a federal judge in Illinois ruled June 1, dismissing the breach claim against the plan and striking the complaint’s class claims partially based on the “fail-safe” definition (Brittany Day, et al. v. Humana Insurance Company, et al., No. 19-3141, N.D. Ill., 2020 U.S. Dist. LEXIS 95211)....