Aetna Settles California Fertility Suit

The U.S. District Court for the Northern District of California has preliminarily approved a settlement between Aetna & the plaintiffs in Berton v. Aetna ensuring that Aetna's policy of guaranteeing equitable access to fertility treatments for LGBTQ policyholders is legally enforceable nationwide. The class action lawsuit was filed in April 2023 by plaintiff Mara Berton who was represented by the National Women's Law Center & law firms Katz Banks Kumin LLP & Altshuler Berzon LLP. Alison Tanner, senior litigation counsel for reproductive rights & health at the National Women’s Law Center stated “This settlement is a triumph for LGBTQ+ families, many of whom have faced significant obstacles when seeking access to fertility health benefits. Any affected class members should file their claim & receive the compensation they deserve.” Rebecca Peterson-Fisher, co-lead counsel from Katz Banks Kumin LLP added, “This is an excellent result for the class & for the LGBTQ+ community nationwide. The settlement provides virtually full compensation for LGBTQ+ couples who had to pay out of pocket for fertility treatment that should have been covered.” Connie Chan, co-lead counsel from Altshuler Berzon LLP concluded, “This landmark settlement ensures that LGBTQ+ couples nationwide will have equal access to fertility treatment under their Aetna health plans, setting a benchmark that we hope others in the health care coverage industry will follow.” Eligible LGBTQ California residents who were or would have been denied coverage for artificial insemination under Aetna's California commercial & student insurance plan can now file for compensation. If you believe you are in the class of individuals covered by this settlement please file a claim.

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