Aetna Lawsuit: Three Settlements, and What Is Still Open
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The Aetna lawsuit in the news is the spine-surgery case: Aetna denied single-level lumbar artificial disc replacement as “experimental,” and a settlement now reimburses up to $55,000. As of October 2026 the reimbursement claim window has closed, but current Aetna members in the class can still ask for the surgery. Two other Aetna class action settlements — California fertility coverage and AbleTo voicemails — are also past their claim deadlines. There is no new Aetna data breach class action.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Lawsuits Say
Spine surgery (the main case). The lawsuit alleged that Aetna denied every request for single-level lumbar artificial disc replacement (L-ADR) as “experimental and investigational,” in violation of ERISA, the federal law covering employer health plans. Aetna changed that policy effective February 8, 2023. Our September 30, 2026 report on the lumbar disc settlement has the claim details.
Fertility coverage. A California class action alleged that Aetna’s fertility policy discriminated on the basis of sex by making LGBTQ+ members pay for more treatment cycles before coverage began, in violation of the Affordable Care Act.
AbleTo voicemails. A separate suit alleged that AbleTo, a mental-health company working with Aetna, left prerecorded voicemails on Aetna members’ cell phones without consent, in violation of the Telephone Consumer Protection Act. AbleTo denied wrongdoing.
Case Details
Hendricks v. Aetna Life Insurance Company, No. 2:19-cv-06840, consolidated with Howard v. Aetna Life Insurance Company, No. 2:22-CV-01505, U.S. District Court for the Central District of California, Judge Andre Birotte Jr. The Hendricks complaint was filed August 7, 2019; the parties settled about six weeks before trial.
Berton v. Aetna Inc., No. 4:23-cv-01849-HSG, U.S. District Court for the Northern District of California, filed in April 2023.
Sessa v. AbleTo Inc., No. 8:23-cv-02219-TPB-CPT, U.S. District Court for the Middle District of Florida. Aetna is not the defendant in that case.
Status: Settlements Approved or Pending, Claim Windows Closed
Fertility: the claim deadline listed by Top Class Actions was August 28, 2026; the final approval hearing is set for November 12, 2026. No payments go out before the court approves.
AbleTo: the claim deadline was June 3, 2026 and the fairness hearing was set for July 28, 2026. We could not confirm the ruling or the payment date.
Who Is Covered by Each Aetna Settlement
Spine surgery: people in an ERISA-governed Aetna plan whose request for single-level L-ADR was denied as experimental or investigational between August 7, 2016 and February 8, 2023 (Hendricks class) or March 4, 2019 and February 8, 2023 (Howard class). Denials after February 8, 2023 are excluded. Class counsel identified about 381 class members with denials. Class members were identified from Aetna’s records and notified by mail.
Fertility: California members of Aetna commercial plans with fertility coverage, in an LGBTQ+ relationship, who sought IUI, ICI or IVF coverage between April 17, 2019 and December 31, 2024.
AbleTo: Aetna members who received an AbleTo prerecorded voicemail on a cell phone between September 29, 2019 and February 3, 2026.
What the Aetna Settlements Pay
Fertility: Aetna agreed to pay $2 million. Default payments are $1,408 for IUI/ICI denials and $2,500 for IVF, more with documentation; the plaintiffs’ advocacy group estimated about $11,000 for most qualifying claimants.
AbleTo: about $23 per valid claim, paid roughly 56 days after final approval.
For an Aetna data breach, there is no open settlement: the 2017 HIV-mailing case settled for $17 million in 2018.
How cases like this one end
Our copy of the federal courts’ own case database covers 62,689 erisa casesclosed in U.S. federal district courts between 2015 and 2025, 1.8% of them filed as class actions:
- 42.8% ended in a settlement recorded by the court. Another 23% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 42.8% and 65.8%.
- 6.3% were decided on a motion before any trial.
- 1 in 297 reached a trial (0.3%), after a median of 21.8 months.
- Median time from filing to the end of the case: 6.2 months.
- Only 4,861 of them (7.8%) record a money award at all; the median of those is $100,000.
These are base rates for this type of case (federal erisa cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Aetna Lawsuit Timeline
- 1
August 7, 2019 — Spine Surgery Suit Filed
Hendricks v. Aetna is filed in the Central District of California over L-ADR denials.
- 2
February 8, 2023 — Aetna Changes Its Policy
Aetna publishes a new version of its L-ADR coverage policy. Denials after this date fall outside the class.
- 3
April 2023 — Fertility Suit Filed
Berton v. Aetna is filed in the Northern District of California under the Affordable Care Act.
- 4
October 8, 2025 — Spine Settlement Submitted
Plaintiffs ask the court to approve the settlement, reached about six weeks before the scheduled trial.
- 5
June 5, 2026 — Spine Settlement Approved
Final approval is granted, per a claim-listing site. Reimbursement claims close in September 2026.
- 6
November 12, 2026 — Fertility Hearing
The court is scheduled to decide whether to finally approve the $2 million California fertility settlement.
Three Things to Watch For
Medical settlements with large reimbursement caps attract imitators:
“Claim your $55,000 Aetna payment”
The $55,000 is a cap on reimbursement of documented surgery costs, not a payment to everyone. Nobody receives it without an L-ADR denial in the class period and proof of payment.
Calls about a missed deadline
A caller offering to “reopen” a closed claim for a fee is not the administrator. Settlement administrators do not charge class members to file.
“Aetna data breach settlement” sign-ups
As of October 2026 we found no open Aetna data breach settlement. A form asking for your member ID and Social Security number to “join” one is collecting data.
Aetna Lawsuit — Questions People Actually Ask
What is the Aetna lawsuit in the news?
Most likely the spine-surgery case, Hendricks v. Aetna. Aetna denied single-level lumbar artificial disc replacement as experimental; the settlement reimburses documented costs up to $55,000 and lets current members in the class get the surgery if their surgeon attests it is medically necessary.
Is there a class action lawsuit Aetna members can still file a claim in?
Mostly no. As of October 2026 the spine-surgery reimbursement window, the fertility claim deadline (listed as August 28, 2026; the plaintiffs’ advocacy group gave June 29, 2026) and the AbleTo deadline (June 3, 2026) have all passed. The exception: current Aetna members in the spine class can still request a future surgery until a December 2026 deadline printed on their claim form.
Who is the administrator for the Aetna settlement on spine surgery?
Atticus Administration, PO Box 64053, St. Paul, MN 55164. Claims go to the administrator, not to Aetna.
Was there an Aetna data breach class action?
Yes, years ago. In 2017 Aetna mailed letters whose envelope windows revealed that recipients took HIV medication. A class of 12,000 people settled for $17 million in 2018. As of October 2026 we found no pending Aetna data breach class action lawsuit over a newer incident.
Who gets money from the Aetna fertility settlement?
California members of Aetna commercial plans in LGBTQ+ relationships who sought IUI, ICI or IVF coverage between April 17, 2019 and December 31, 2024 and filed a claim. Default payments are $1,408 or $2,500. Payment depends on final approval at the November 12, 2026 hearing.
I got an AbleTo voicemail. Is that an Aetna class action lawsuit?
It is related but separate: AbleTo, not Aetna, is the defendant in Sessa v. AbleTo. The claim deadline was June 3, 2026, and payments of about $23 were expected roughly 56 days after final approval.
My L-ADR was denied after February 8, 2023. Am I covered?
No. The settlement class ends on February 8, 2023, the date Aetna changed its policy. A later denial would have to be appealed through your plan.
How do I know a letter about the Aetna settlement is real?
Real notices name the case and the administrator and never ask for a fee. For the spine case, verify through Atticus Administration’s mailing address above, not through a phone number in an unexpected email.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.