A group of lawyers has asked a federal appeals court to strengthen and expedite appeals against the Blue Cross Blue Shield Association’s $2.67 billion antitrust settlement.
Attorneys filed a motion in the 11th Circuit Court of Appeals on Wednesday seeking expedited follow-up, arguing that delays would lead to higher administrative costs, penalties, and penalties. fair to the nearly 100 million individuals who did not dispute the terms of the agreement and delayed key reforms designed to foster competition among the Blues’ plans.
Class counsel recommends completing the appeal summary process in 51 days and asking the court to hear subsequent oral arguments as soon as possible. There is no current schedule listed in the notebook for completing the appeals process. According to federal judicial data, the average time it takes for the 11th Circuit to resolve an appeal is 9.6 months.
Plaintiffs sued BCBSA in 2012, alleging that the organization’s rules governing the operation of membership plans violated the Sherman Antitrust Act of 1890. Judge David Proctor of the Northern District Court of Alabama US approved the settlement in August, marking the beginning of the end of 10 years of legal disputes. At the time, he wrote that the $2.67 billion award could represent the largest antitrust class action settlement on record.
Under the settlement, BCBSA’s attorneys will receive $627 million from the settlement and another $41 million to cover litigation costs. Nearly 94% of the remaining $2 billion was allocated to class members, who paid monthly premiums to Blues carriers. Self-insured employers will receive the remaining 6.5%.
In addition to the financial relief, the agreement also requires that The Blues’ plans generate the majority of their revenue from Blues-branded products; allows some employers to solicit multiple bids from Blues plans; and lift the rules that barred the Blues’ plans from buying each other.
Employers Home Depot, Topographic Inc. and Employee Services Inc. appealed the settlement in September. The individuals Jennifer Cochran, Aaron Cracker and David G. Behenna filed an appeal the same month.
There is no legal brief from the employer or individual explaining why they appealed Proctor’s decision.
Plaintiffs’ attorneys allege all appeals disagree with how much attorneys should receive from the settlement and how the settlement dollars should be divided. They “will raise duplicate or similar issues,” the lawyers wrote in their application.
Home Depot declined to comment. BCBSA, which represents 34 Blues plans, said it was reviewing the filing and had not yet commented on the proposed consolidation and expedited appeal, a spokesman said.
The other parties did not immediately respond to requests for interviews.
