Sharon Prolow and Mark Lemmerman v. Aetna Life Insurance Company

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 9:20-CV-80545

A proposed Settlement has been reached in a class action brought by Class Representative Mark Lemmerman (“Plaintiff”) on behalf of the Settlement Class against Aetna Life Insurance Company (“Aetna”) relating to reimbursement for proton beam radiation therapy (“PBT”) to treat localized prostate cancer.

The Settlement establishes a $3.423 million Settlement Fund of which $3.408 million will be used to pay a minimum of $12,000 and a maximum of $48,000 per Settlement Class Member as reimbursement for PBT for the treatment of localized prostate cancer. Based upon available records, Aetna and Plaintiff believe there are 71 potential Settlement Class Members.

You may be included in this Settlement, and your rights may be affected by this Settlement, if were a member, participant, and/or beneficiary of an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), which was administered and/or insured by Aetna Life Insurance Company. In addition, between January 1, 2015, to March 31, 2024, you for yourself, or a beneficiary covered by your benefit plan, received a denial of all precertification requests and denials of all post-service benefit claims for the administration of PBT to treat localized prostate cancer or received an approval for precertification of PBT and received denials of all post-service claims for the administration of PBT to treat localized prostate cancer. 

If the Settlement becomes final, the Action will be dismissed with prejudice (i.e., cannot be brought against Aetna again), and Aetna and others will receive a complete release and discharge of the claims asserted in the Action from Plaintiff and every Settlement Class Member.

This website contains summary information with respect to the Settlement. The Settlement Agreement, and additional information with respect to this lawsuit and the Settlement is available on this website.

Your Legal Rights and Options in this Settlement
Submit a Claim FormSubmitting a Settlement Claim Form is the only way to get a payment in this Settlement.  The Settlement Claim Form is enclosed with the Notice you were sent by mail. Aetna’s records indicate that you may qualify as a Settlement Class Member. By submitting the Claim Form you can establish your membership in the Class. All Settlement Class Members who complete and timely submit a Settlement Claim Form establishing their membership in the Class will receive a minimum payment of $12,000. Upon the submission of proof that your Settlement Claim exceeds $12,000, you may be able to receive a total payment of up to $48,000.
Do NothingIf you do not submit a Settlement Claim Form and take no further action, you will not receive any payment and you will still be bound by the terms of the Settlement.
Exclude YourselfYou will not receive any payment. This is the only option that allows you to ever be a part of any other lawsuit against Aetna or other “Affiliated Entities” related to the legal claims at issue in this case.
Object to the SettlementAdvise the Court of your disagreement with the Settlement.
Go to a HearingAsk to speak in Court about the fairness of the Settlement, at a hearing that the Court has scheduled for November 18, 2025.

Important Dates

June 10, 2025Preliminary Approval Order Entered
October 3, 2025Exclusion Deadline
October 3, 2025Objection Deadline
October 3, 2025Claim Filing Deadline
November 18, 2025Final Approval Hearing at 10:00 a.m. EST