Wirth v Aetna Health, Inc.
Aetna Heath Insureds in Pennsylvania Claim that Liens against Tort Recovery Are Invalid
A class action has been filed against Aetna Health, Inc., a subsidiary of healthcare giant Aetna, Inc., on behalf of Pennsylvania residents (1) who, between September 26, 1999, and the date of the final judgment in the action, were injured in a motor vehicle accident while insured under an Aetna heathcare plan; and (2) whose tort recovery from the accident was subject to a lien asserted by Aetna. The action seeks compensatory and statutory damages for monies collected via the liens as well as injunctive and declaratory relief.
Pennsylvania's Motor Vehicle Financial Responsibility Law (MVFRL) strictly prohibits an insurer from recovering healthcare costs incurred in treating auto accident injuries from the insured's personal injury claim. The action alleges that, despite this clear ban, Aetna placed liens on class members' tort awards and required repayment of Aetna's medical expenses resulting from the treatment of class members' auto accident injuries. Accordingly, the action alleges that Aetna violated the MVFRL, breached its contract with class members, engaged in bad faith insurance practices and is liable for unjust enrichment.
Although the plaintiffs' complaint in the class action identifies the defendant as Aetna U.S. Heathcare, the defendant's correct name is Aetna Health, Inc., according to its attorneys.
