SANTA ANA – A man has filed a suit against his insurer over its denial of coverage for surgery needed by his daughter.
Byron Hack filed a complaint on behalf of all others similarly situated on May 24 in the U.S. District Court for the Central District of California, Southern Division against UnitedHealth Group Inc., United Healthcare Services Inc. and UnitedHealthcare Insurance Co. citing the Employee Retirement Income Security Act.
According to the complaint, the plaintiff's daughter is a covered beneficiary under the United Plan and has degenerative lumbar disc disease. The plaintiff holds UnitedHealth Group Inc., United Healthcare Services Inc. and UnitedHealthcare Insurance Co. responsible because the defendants allegedly violated ERISA by denying his daughter services for lumbar artificial disc replacement surgery because they claim it is unproven. The plaintiff alleges he paid thousands for his daughter's surgery out-of-pocket.
The plaintiff seeks payment of health benefits to the plaintiff, profits, disgorgement, all legal fees, interest and any other relief as the court deems just. He is represented by Robert S. Gianelli, Joshua S. Davis and Adrian J. Barrio of Gianelli & Morris in Los Angeles.
U.S. District Court for the Central District of California, Southern Division case number 8:17-cv-00909-DOC-KES