
Aetna agreed to a $3.42 million class action lawsuit settlement to resolve claims it wrongfully denied proton beam therapy (PBT) claims for prostate cancer treatment.
The Aetna proton beam therapy class action settlement benefits members, participants and beneficiaries of employee welfare benefit plans governed by the Employee Retirement Income Security Act (ERISA) and administered or insured by Aetna. Eligible individuals must have been diagnosed with localized prostate cancer, submitted a precertification request for proton beam therapy prior to the date of service and received a precertification denial between Jan. 1, 2015, and March 31, 2024, citing “experimental,” “investigational,” “unproven,” “superior,” “superiority” and/or “more effective” as the basis for the denial.
The Aetna settlement also benefits Aetna plan members who had an initially approved precertification request for PBT, received PBT for the same diagnosis code with no allowed post-service PBT benefit claims and received a denial for a post-service claim between Jan. 1, 2015, and March 31, 2024, that cites “experimental,” “investigational,” “unproven,” “superior,” “superiority” and/or “more effective” as the basis for the denial.
According to the proton beam therapy lawsuit, Aetna denied precertification requests and post-service benefit claims for proton beam therapy to treat localized prostate cancer. The plaintiff in the case argued that Aetna’s denials violated the ERISA.
Aetna is a health insurance company that offers a variety of plans to individuals, families and employers.
Aetna has not admitted any wrongdoing but agreed to a $3.42 million class action settlement to resolve the allegations.
Under the terms of the Aetna settlement, class members can receive a flat payment of $12,000.
Class members who submit proof of payment and/or proof of indebtedness for proton beam therapy treatment can receive up to $48,000.
The deadline for exclusion and objection is Oct. 3, 2025.
The final approval hearing for the Aetna settlement is scheduled for Nov. 18, 2025.
To receive settlement benefits, class members must submit a valid claim form by Oct. 3, 2025.
Who’s Eligible
The settlement benefits individuals who were diagnosed with localized prostate cancer and who were members, participants and beneficiaries of ERISA-governed employee welfare benefit plans administered or insured by Aetna between Jan. 1, 2015, and March 31, 2024, who:
- Submitted a precertification request for proton beam therapy prior to the date of service and received a precertification denial for the administration of PBT between Jan. 1, 2015, and March 31, 2024.
- Submitted a PBT precertification request prior to the date of service that was initially approved and received a denial between Jan. 1, 2015, and March 31, 2024, for post-service claims for the delivery of PBT.
Potential Award
Up to $48,000
Proof of Purchase
Proof of payment and/or proof of indebtedness for PBT treatment.
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
10/03/2025
Case Name
Prolow, et al. v. Aetna Life Insurance Co., Case No. 9:20-cv-80545, in the U.S. District Court for the Southern District of Florida
Final Hearing
11/18/2025
Settlement Website
Claims Administrator
Lemmerman v. Aetna Life Insurance Company
c/o Atticus Administration
P.O. Box 64053
Saint Paul, MN 55164
[email protected]
800-757-8121
Class Counsel
Stephanie A. Casey
COLSON HICKS EIDSON P.A.
Maria D. Garcia
Robert Neary
KOZYAK TROPIN & THROCKMORTON LLP
Defense Counsel
Ardith Bronson
Brian Benjet
DLA PIPER LLP
Mark C. Nielsen
Paul J. Rinefierd
GROOM LAW GROUP CHARTERED
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