Posted by The results of an Aetna Class Action Lawsuit have shown that many children suffer and end up being placed on hold at their pediatrician’s office waiting to receive care because of Aetna denying coverage for child care. Class action litigation is one of the strongest ways to receive compensation from a company that refused to cover medical treatment based on pre-existing conditions or a disability. If you are a plaintiff in an Aetna Class Action Lawsuit, it is important to speak with a personal injury attorney to determine whether or not you qualify to file a Class Action Lawsuit against Aetna. It is also important to seek out the services of an experienced ADA attorney to guide through the legal process.
Aetna Class Action Lawsuit
Anna M. Sanzone Ortiz of California filed a claim in a Class Action Lawsuit against Aetna after her son was rejected coverage of doctor recommended Applied Behavior Analysis (ABA} treatment. The family had purchased a policy at the time of purchase and chose Aetna for the provider because they felt they would be given a plan that suited their child. The insurance carrier, Aetna, informed them that the treatment was not covered and sought a court order to force Aetna to reinstate the coverage stating that the policy was a ‘medically necessary’ service for their child. After a heated back and forth negotiation, the family was able to settle with Aetna for a substantial settlement fund.
There are many individuals who file Aetna class action lawsuit settlements to gain monetary compensation for other reasons, including obtaining needed medical treatment for a chronic condition, receiving necessary care for a loved one who was killed in an accident, or settling a life insurance policy that was wrongly put into default.
In each of these instances, if you are a plaintiff in an Aetna Class Action Lawsuit, it is extremely important that you choose an experienced personal injury attorney to represent you so that you receive the best possible settlement for your case. Personal injury lawyers are experienced in all aspects of personal injury law, including defending the rights of individual plaintiffs.
When an individual chooses to file an Aetna Class Action Lawsuit, there are a number of things that must be addressed prior to filing.
One of those items is determining whether or not a person is a candidate for a lawsuit. A qualified person must generally have been diagnosed with a sexually transmitted disease that was contracted in a public setting, such as a day care or a medical office. If a person has been determined to have this disease, it is also required that he or she disclose his or her HIV status to the doctor during the initial visit. Failure to disclose HIV status can result in a loss of settlement benefits.
Those who have been determined to not have a communicable disease will be allowed to pursue other methods of settling their case, regardless of whether or not they disclose their HIV status.
Additionally, people with a communicable disease are excluded from a class action lawsuit if they are advised by their doctor that they might have the condition and are not treated accordingly.
If a settlement agreement is reached following an Aetna Class Action Lawsuit, both the plaintiff and defendant may attend counseling sessions and agree on a mutually beneficial financial resolution. However, if either party discovers after the settlement process that the defendant knew or should have known of the plaintiff’s HIV status, the case must be re-opened.
If either party discovers that the other party was aware of the plaintiff’s HIV status prior to a personal injury claim being filed, there may be additional issues to address. For example, should a certificate of insurance to be issued even though there was no insurance claim? Should the amount of a settlement fund be reduced due to the fact that the defendant failed to disclose a pre-existing condition? If so, this case would likely be ruled on points of fraud and misrepresentation. If a case proceeds to trial, all of these issues will be addressed and resolved.