Los Angeles, CA April 11, 2025 --(PR.com)-- In a closely watched national class action involving allegations of UnitedHealthcare's predatory practices and Medicare Advantage fraud, U.S. District Judge Almadani wrote:

"This Court does not minimize the seriousness of the allegations in the Complaint or the grave issues in addressing vulnerable populations' access to healthcare."

While the court granted UnitedHealth’s motion to dismiss solely on "preemption" grounds, it made a point to recognize the gravity of the issues. The case, filed in the United States District Court for California No. 8:23-cv-02303, alleges that UnitedHealth—the nation's largest provider of for-profit Medicare Advantage plan—used systemic and predatory advertising to deliberately mislead vulnerable seniors into abandoning their Original Medicare benefits for UnitedHealthcare's commercially-driven "Medicare-[Dis]advantage" plans.

"We are fighting not just for accountability for allegedly what happened to our clients and so many just like them, but to protect other families from unknowingly giving up their Medicare benefits through slick sales pitches, frank lies, and corporate greed," said Gloria Juarez, lead counsel for the Estate. "This is either happening to you, your parents, your grandparents, and people you know—and no one in power is stopping it. UnitedHealth posted over $22.3 billion in profits in 2023. Their CEO was recently gunned down in Manhattan— and some have called Luigi Mangione's alleged act a symptom of rising outrage against unchecked greed and destruction of American lives," she added.

The Complaint alleges that one such senior, D.D., a 96-year-old cancer patient, was misled into giving up her long-standing Medicare benefits and denied access to her trusted cancer doctors; her treatment was delayed, her bills went unpaid, and she was sent to collections and sued; UnitedHealthcare denied her claims, even while profiting from her care for their bonus reports to Medicare; she was left without recourse, despite having done nothing wrong.

The dismissal is reversible error. "With Chevron gone, courts are no longer required to defer to CMS regulations that override consumer protections granted by Congress," said Juarez. "The Medicare Act has never expressly preempted state law consumer protections, Preemption has become essentially a perpetual get-out-of-jail-free card for gorilla-sized healthcare corporations, especially in the context of elder abuse."

The anticipated Ninth Circuit appeal will seek reinstatement and class certification.

Contact Information:
GJLAW
Gloria Juarez
949-288-3402
Contact via Email

Read the full story here: https://www.pr.com/press-release/935493

Press Release Distributed by PR.com



Information contained on this page is provided by an independent third-party content provider. XPRMedia and this Site make no warranties or representations in connection therewith. If you are affiliated with this page and would like it removed please contact [email protected]