UnitedHealth ERISA Litigation

Gates v. UnitedHealth Group Inc. is currently pending in the United States District Court Southern District of New York. The First Amended Amended Complaint was filed on behalf of Plaintiff Marianne Gates and the following proposed classes:

(a) A “Medicare Class” defined as: All participants and beneficiaries who sought benefits from United Plans for which Medicare was the primary payer and United estimated Medicare payments when the plan in question required the plan to use the actual amount payable by Medicare, thus causing the participants and beneficiaries to receive lower benefits than required by the plan.

(b) An “Appeal Class” defined as: All United Plan participants and beneficiaries.

Plaintiff alleges that during the Class Period, Defendants:

• Caused tremendous losses to Plaintiff and the Medicare Class by failing to properly determine Medicare payment amounts by estimating Medicare payments instead of using actual Medicare payment rates, thereby improperly calculating benefit payment amounts under the United Medicare Plans; 
• Failed to provide Plaintiff and members of the Appeal Class: (a) a “full and fair review;” (b) reasonable claims procedures; and (c) necessary disclosures;
• Breached their fiduciary and co-fiduciary duties to Plaintiff; and
• Failed to provide documents as provided by ERISA.

Not all claims are against every Defendant. For more information regarding the UnitedHealth ERISA Litigation, please contact attorneys Erin Riley or Sarah Kimberly or paralegal Jennifer Tuato'o at 800.776.6044 or via email at info@kellerrohrback.com.

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