Class Action Lawsuit Accuses Cigna of Discriminatory Practices by Excluding Obesity Drugs
TL;DR
Ms. Whittemore is leading the first lawsuit against Cigna for excluding coverage of prescription medications to treat obesity.
The lawsuit alleges that Cigna discriminates by denying coverage of prescription drugs to treat obesity, despite considering them medically necessary.
This lawsuit aims to ensure that individuals diagnosed with obesity have access to proven, medically-effective treatment, promoting their health and wellbeing.
The lawsuit is filed on behalf of a nationwide class of Cigna enrollees diagnosed with obesity by three law firms, challenging discriminatory practices.
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A lawsuit filed by Plaintiff Jamie Whittemore against Cigna Health and Life Insurance, Inc. claims that the health insurance giant's exclusion of coverage for prescription medications to treat obesity violates the anti-discrimination provision of the Affordable Care Act. The case, which is the first of its kind in the United States, argues that Cigna's policy discriminates against individuals with obesity by denying them coverage for medically necessary treatments.
"Cigna's exclusion of medications to treat obesity is discrimination, plain and simple," stated Eleanor Hamburger of Sirianni Youtz Spoonemore Hamburger, one of the attorneys representing Whittemore. "Other Cigna enrollees can access the prescription drug coverage that they need, while enrollees who are diagnosed with obesity have no coverage for proven, medically-effective treatment for their disability. Different treatment based on disability is illegal."
Whittemore, who works for the University of Maine System, receives her health coverage through a plan administered by Cigna. When her doctor prescribed Zepbound to treat her obesity, Cigna denied the claim, citing the health plan's exclusion of any prescription drugs for obesity treatment, despite recognizing Zepbound as medically necessary.
"I deserve coverage of prescription drugs to treat my medical condition, just like everyone else," said Whittemore. "Leaving my obesity untreated puts me at risk for other medical problems and negatively impacts my health and wellbeing."
Jeffrey Young of Solidarity Law, another attorney representing Whittemore, emphasized the broader implications of the case. "We have strong anti-discrimination laws on the books, but companies like Cigna ignore them when it comes to treatment for obesity. Excluding effective prescription drugs for obesity makes no sense legally, medically or financially."
The lawsuit, which seeks class-action status, aims to represent all Cigna enrollees nationwide who have been diagnosed with obesity. The case is being handled by three law firms: Sirianni Youtz Spoonemore Hamburger PLLC in Seattle, Washington; Nichols Kaster, PLLP in Minneapolis, Minnesota; and Solidarity Law, PLLC in Cumberland Foreside, Maine. A copy of the complaint can be found at www.sylaw.com/whittemorevcigna.
This lawsuit could have significant ramifications for the health insurance industry and the millions of Americans who suffer from obesity. If successful, it may set a precedent that forces insurers to cover prescription medications for obesity, aligning their policies with anti-discrimination laws and potentially improving healthcare outcomes for those affected by this condition.
Curated from 24-7 Press Release


