$2M Aetna infertility treatments class action settlement

Aetna agreed to a $2 million class action lawsuit settlement to resolve claims that it discriminated against LGBTQ+ couples seeking infertility treatments.

The Aetna settlement benefits California members who were in an LGBTQ+ relationship and who sought coverage for intrauterine insemination (IUI), intracervical insemination (ICI) or in vitro fertilization (IVF) during the class period of April 17, 2019, through Dec. 31, 2024 and those who had a denial of precertification or claim request for IUI/ICI that was followed by an approval within 90 days or was otherwise paid by Aetna during the same class period.

According to a class action lawsuit, Aetna discriminated against LGBTQ+ couples seeking infertility treatments such as IUI, ICI and IVF by requiring them to undergo more ovulation cycles than heterosexual couples in order to qualify for coverage. As a result of this policy, LGBTQ+ couples were allegedly denied coverage for treatments that Aetna would have covered for heterosexual couples and were forced to pay out of pocket for these treatments.

Aetna is a health insurance company that offers a variety of plans to individuals, families and employers.

Aetna agreed to pay $2 million to resolve these allegations. The company has not admitted any wrongdoing but agreed to the settlement to end the class action lawsuit.

Under the terms of the Aetna settlement, class members can receive a cash payment based on their fertility treatments and which coverage they were denied.

Class members who were denied coverage for IUI/ICI can receive a default payment of $1,408 and those who were denied coverage for IVF can receive a default payment of $2,500.

Class members who have documentation that they underwent the treatments that Aetna should have covered can receive a higher payment based on this evidence.

Class members who had a denial of precertification or claim request for IUI/ICI that was followed by an approval within 90 days or was otherwise paid by Aetna can receive a default payment of $1,408 for IUI/ICI or $2,500 for IVF.

Any funds remaining in the settlement after payments have been distributed will be used to make redistribution payments to class members. These payments will be made on a pro rata basis, meaning each class member will receive a proportional share of the remaining funds based on the amount they received in their first payment.

The deadline for exclusion and objection is June 29, 2026.

The final approval hearing for the Aetna settlement is scheduled for Nov. 12, 2026.

To receive a settlement payment, class members must submit a valid claim form by Aug. 28, 2026.

Who’s Eligible

California residents who were covered by an Aetna commercial plan that offered coverage for infertility treatments between April 17, 2019, and Dec. 31, 2024, and who were denied coverage for intrauterine insemination (IUI), intracervical insemination (ICI) or in vitro fertilization (IVF) or those who were denied but later approved within 90 days

Potential Award

$1,408 or more.

Proof of Purchase

Aetna member ID number, if known; documentation of out-of-pocket costs incurred for IUI or ICI procedures during the class period

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

8/28/2026

Case Name

Berton v. Aetna Inc., et al., Case No. 4:23-cv-01849-HSG, in the U.S. District Court for the Northern District of California

Final Hearing

11/12/2026

Settlement Website

CaliforniaInfertilitySettlement.com

Claims Administrator

Berton v Aetna, Inc.
c/o Atticus Administration
PO Box 64053
St. Paul, MN 55164
[email protected]
800-842-7690

Class Counsel

Rebecca Peterson-Fisher
Jennifer L. Liu
Hugh Baran
Marilyn Robb
KATZ BANKS KUMIN LLP

Barbara J. Chisholm
Connie K. Chan
Robin S. Tholin
ALTSHULER BERZON LLP

Michelle Banker
Noel R. Leon
Alison Tanner
NATIONAL WOMEN’S LAW CENTER

Defense Counsel

Earl B. Austin
Sarah Reeves
BAKER BOTTS LLP

Misty A. Murray
MAYNARD NEXSEN LLP