FREQUENTLY ASKED QUESTIONS
BASIC INFORMATION
Plaintiffs Emma Goidel, Ilana Lee, Madeleine Lee, and Lesley Brown (“Plaintiffs” or “Class Representatives”) filed a class action lawsuit against Aetna Life Insurance Company (“Defendant” or “Aetna”). Plaintiffs filed the lawsuit on behalf of themselves and on behalf of the group or “Class” of persons who were allegedly discriminated against and denied equal access to fertility treatments as individuals in LGBTQ+ relationships. Defendant denies these allegations.
In a class action case, one or more persons sue on behalf of other people who have similar claims. The person or persons who sue are called the Class Representatives or Named Plaintiffs. The Named Plaintiffs represent all similarly situated people in the court. The Named Plaintiffs in this lawsuit are Emma Goidel, Ilana Lee, Madeleine Lee, and Lesley Brown. The entity(s) being sued (in this case Aetna Life Insurance Company) is called the Defendant. One court resolves the issues for everyone in the Class—except for those people who choose to exclude themselves from the Class.
Both sides agreed to the Settlement. By agreeing to the Settlement, the attorneys representing the Settlement Class (“Class Counsel”) and Defendant’s Counsel (“Defense Counsel”) (collectively “Counsel”) avoid the costs, delay, and uncertainty of trial, and the Settlement Class Members receive the benefits described in the Notice. The Class Representatives and their attorneys think the Settlement is best for everyone who is affected.
You received a Summary Notice in the mail because Defendant’s records reflect that your member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes submitted to Defendant for services between September 1, 2017, and May 31, 2024, and information indicating that you may be eligible to participate in the settlement.
You received a Summary Notice in the mail because Defendant’s records reflect that your member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes submitted to Defendant for services between September 1, 2017, and May 31, 2024, and information indicating that you may be eligible to participate in the settlement.
You received a Summary Notice in the mail because Defendant’s records reflect that your member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes submitted to Defendant for services between September 1, 2017 and May 31, 2024, but for whom we do not have sufficient information to determine whether you may have been in an Eligible LGBTQ+ Relationship.
Do not be alarmed. You have not been sued; nor have you “filed” a lawsuit. This Notice and the Summary Notice that was mailed to you simply inform you of the Named Plaintiffs’ lawsuit, let you know that you have been identified as Class Member, and inform you of your rights and options as a Class Member.
You received a Summary Notice in the mail because Defendant’s records reflect that your member files contain a claim or precertification request for one of an agreed-upon set of qualifying IVF codes with dates of service between September 1, 2017 and May 31, 2024 but whose artificial insemination history (history of undergoing ICI or IUI) cannot be determined from information you previously provided to Aetna, and for whom we do not have sufficient information to determine whether you may have been in an Eligible LGBTQ+ Relationship.
Do not be alarmed. You have not been sued; nor have you “filed” a lawsuit. This Notice and the Summary Notice that was mailed to you simply inform you of the Named Plaintiffs’ lawsuit, let you know that you have been identified as Class Member, and inform you of your rights and options as a Class Member.
You received a Summary Notice in the mail because Defendant’s records reflect that your member file contains a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes submitted to Defendant for services between September 1, 2017, and May 31, 2024, but whose claim or precertification denial was followed by an approval within 90 days or was otherwise already paid by Aetna. Your member file also contains information indicating that you may be eligible to participate in the settlement.
Do not be alarmed. You have not been sued; nor have you “filed” a lawsuit. This Notice and the Summary Notice that was mailed to you simply inform you of the Named Plaintiffs’ lawsuit, let you know that you have been identified as Class Member, and inform you of your rights and options as a Class Member.
You received a Summary Notice in the mail because Defendant’s records reflect that your member file contains a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes submitted to Defendant for services between September 1, 2017, and May 31, 2024, but whose claim or precertification denial followed by an approval within 90 days or was otherwise already paid by Aetna. Your member file does not contain sufficient information to determine whether you may have been in an Eligible LGBTQ+ Relationship in the state of New York at the time you received such service.
Do not be alarmed. You have not been sued; nor have you “filed” a lawsuit. This Notice and the Summary Notice that was mailed to you simply inform you of the Named Plaintiffs’ lawsuit, let you know that you have been identified as Class Member, and inform you of your rights and options as a Class Member.
The following classes of individuals have been certified by the Court to participate.
Category A Class: Individuals whose Aetna member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes during the Class Period and information indicating that they may be eligible to participate in the settlement.
Category B Class: Individuals whose Aetna member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes during the Class Period, but for whom we do not have sufficient information to determine whether they may have been in an Eligible LGBTQ+ Relationship.
Category C Class: Individuals whose Aetna member files contain a claim or precertification request for one of an agreed-upon set of qualifying in vitro fertilization (“IVF”) codes during the Class Period but whose artificial insemination history cannot be determined from Aetna’s member files, and for whom we do not have sufficient information to determine whether they may have been in an Eligible LGBTQ+ Relationship, or individuals who did not submit precertification or claim requests during the Class Period because they would be denied, and nevertheless underwent artificial insemination covered by one of an agreed-upon set of qualifying ICI or IUI codes.
Category D Class: Individuals whose member files contain a denial of a claim or precertification request for one of an agreed-upon set of qualifying artificial insemination codes, but whose denial was thereafter followed by an approval within 90 days or otherwise paid by Aetna and whose file does not establish whether the member paid out-of-pocket for artificial insemination services before their claim was approved. Certain members’ files contain information indicating they may be eligible to participate in the settlement (D-A), while for others we do not have sufficient information to determine whether they may have been in an Eligible LGBTQ+ Relationship (D-B).
The Settlement Agreement defined an Eligible LGBTQ+ Relationship as a relationship involving individuals who self-identify as LGBTQ+, consisting of one individual with a uterus in a LGBTQ+ relationship with a partner who was incapable of producing sperm due to being an individual who was assigned the female sex at birth, was intersex, or was assigned the male sex at birth and had transitioned or was in the process of transitioning to the opposite gender.
For purposes of the proposed Settlement, the Definition of Infertility means the definition in Aetna’s CPB No. 327 in effect when the Amended Complaint was filed, which required individuals without a sperm-producing partner to undergo 6 or 12 cycles of artificial insemination, depending on the individual’s age, in order to establish unexplained infertility and qualify for healthcare coverage of infertility services.
The Settlement Agreement covers the following codes associated with an artificial insemination medical procedure that can lead to pregnancy:
S4035: Artificial Insemination Menotropin insemination. Stimulated intrauterine insemination.
58321: Artificial Insemination; intra-cervical. In this procedure, the provider inserts prepared live sperm into the cervical canal.
58322: Artificial Insemination; intra-uterine. In this procedure, the provider inserts prepared live sperm into the uterus through the cervical canal.
Aetna has agreed to create a $2,000,000 Common Fund, which Plaintiffs’ counsel has determined be used to pay an approximately $10,000 Default Common Fund Amount to every eligible Class Member who does not request exclusion. Aetna has agreed to separately pay for Dollars for Benefits Payments, valid Proof of Greater Covered Care Submissions, Administrative Costs, Class Representative Service Awards, and Attorneys’ Fees and Costs as determined by the Court. Aetna has also agreed that any funds remaining in the Common Fund after all qualifying Default Common Fund Amount payments have been dispersed will be used to compensate Class Members for Out-of-Pocket Expense Submissions and Miscellaneous Harm Submissions. If there are more than 200 Class Members, Class Members may receive less than $10,000 according to an equal split of the $2,000,000 Common Fund, and there will be no payments for Out-of-Pocket Expense Submissions or Miscellaneous Harm Submissions.
The complete terms of the proposed Settlement are set forth in the Settlement Agreement on file with the Court and also available HERE. The Notice is only a summary of the Settlement and in case of any conflict the terms of the Agreement will control.
SETTLEMENT BENEFITS
Confirmed Class Members will receive an approximate $10,000 Default Common Fund Amount payment from the Common Fund. If there are more than 200 Class Members, Class Members may receive less than $10,000 according to an equal split of the $2,000,000 Common Fund. You will also receive a $2,300 Default Dollars for Benefits Amount payment if Aetna has not already paid for artificial-insemination-related expenses (for ICI or IUI) that your plan would have covered during the Class Period, for a total of approximately $12,300.
Additional compensation opportunities may also be available. See Question 11.
Category A Class Members who do not request exclusion will automatically receive an approximate $10,000 Default Common Fund Amount payment. If there are more than 200 Class Members, Category A Class Members will automatically receive an amount proportionate to an equal split of the $2,000,000 Common Fund. If Aetna has not already paid for artificial-insemination-related expenses (for ICI or IUI) that their medical plan would have covered but for the Definition of Infertility as of May 31, 2024, Category A Class Members will also automatically receive a $2,300 Default for Dollars for Benefits Amount payment from Aetna.
Additionally, all participating Class Members have the option to complete and submit an Out-of-Pocket Expense Submission for additional expenses incurred as a direct result of Aetna’s denial of infertility coverage, and/or a Miscellaneous Harm Submission for additional or other harm experienced as a result of the denial of infertility treatment not covered elsewhere by this settlement. Documentation to support your Out-of-Pocket Expense is required. Submissions will only be eligible for payment if there are funds remaining in the Common Fund after all Default Common Fund Amount payments have been distributed. Out-of-Pocket Expense and Miscellaneous Harm Submissions will be evaluated by Special Master Hon. Steven Gold, who will divide any remaining funds in the Common Fund at his sole discretion.
All participating Class Members may also complete and submit a Proof of Greater Covered Care Submission if they underwent covered fertility treatment that would have resulted in reimbursement exceeding the $2,300 Default Dollars for Benefits Amount by their Aetna healthcare plan during the Class Period, if not for the Definition of Infertility. Documentation evidencing the claims is required, and evaluation of the forms and eligibility for payment will be at Aetna’s sole discretion.
You may complete and submit the optional compensation forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and submit any of these forms by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request blank paper copies of the forms from the Settlement Administrator at the contact information provided in Question 25, and return them by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Category B Class Members who do not request exclusion will receive an approximate $10,000 Default Common Fund Amount payment if a timely and complete Attestation form is submitted. If there are more than 200 Class Members, Category B Class Members will receive an amount proportionate to an equal split of the $2,000,000 Common Fund. If Aetna has not already paid for artificial-insemination-related expenses (for ICI or IUI) that their medical plan would have covered but for the Definition of Infertility as of May 31, 2024, Category B Class Members will also receive a $2,300 Default for Dollars for Benefits Amount payment from Aetna.
You may complete the Attestation Form online HERE.
-OR-
You may print the Attestation Form, complete and send it to the Settlement Administrator by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request a blank paper copy of the Attestation Form from the Settlement Administrator at the contact information provided in Question 25, and return it by mail, email, or fax using the contact information provided in Question 25.
Additionally, Class Members have the option to complete and submit an Out-of-Pocket Expense Submission for additional expenses incurred as a direct result of Aetna’s denial of infertility coverage, and/or a Miscellaneous Harm Submission for additional or other harm experienced as a result of the denial of infertility treatment not covered elsewhere by this settlement. Documentation to support your Out-of-Pocket Expense is required. Submissions will only be eligible for payment if there are funds remaining in the Common Fund after all Default Common Fund Amount payments have been distributed. Out-of-Pocket Expense and Miscellaneous Harm Submissions will be evaluated by Special Master Hon. Steven Gold who will divide any remaining funds in the Common Fund at his sole discretion.
All participating Class Members may also complete and submit a Proof of Greater Covered Care Submission if they underwent covered fertility treatment that would have resulted in reimbursement exceeding the $2,300 Default Dollars for Benefits Amount by their Aetna healthcare plan during the Class Period, if not for the Definition of Infertility. Documentation evidencing the claims is required, and evaluation of the forms and eligibility for payment will be at Aetna’s sole discretion.
YOU MUST COMPLETE AND SUBMIT THE ATTESTATION FORM TO BE CONSIDERED FOR THESE OPTIONS.
You may complete and submit the optional compensation forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and submit any of these forms by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request blank paper copies of the forms from the Settlement Administrator at the contact information provided in Question 25, and return them by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Category C Class Members who do not request exclusion will receive an approximate $10,000 Default Common Fund Amount payment if a timely and complete Attestation Form and a timely and complete Claim Submission Form with supporting evidence is submitted and approved by Aetna. Aetna will review and determine eligibility in its sole discretion. If there are more than 200 Class Members, Category C Class Members will receive an amount proportionate to an equal split of the $2,000,000 Common Fund. If Aetna has not already paid for artificial-insemination-related expenses (for ICI or IUI) that their medical plan would have covered but for the Definition of Infertility as of May 31, 2024, Category C Class Members will also receive a $2,300 Default for Dollars for Benefits Amount payment from Aetna.
-OR-
You may print, complete and send the Attestation Form and Claim Submission Form to the Settlement Administrator by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request a blank paper copy of the Attestation Form and Claim Submission Form from the Settlement Administrator at the contact information provided in Question 25, and return it by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Additionally, all participating Class Members have the option to complete and submit an Out-of-Pocket Expense Submission for additional expenses incurred as a result of Aetna’s denial of infertility coverage, and/or a Miscellaneous Harm Submission for additional or other harm experienced as a result of the denial of infertility treatment not covered elsewhere by this settlement. Documentation to support your Out-of-Pocket Expense is required. Submissions will only be eligible for payment if there are funds remaining in the Common Fund after all Default Common Fund Amount payments have been distributed. Out-of-Pocket Expense and Miscellaneous Harm Submissions will be evaluated by Special Master Hon. Steven Gold who will divide any remaining funds in the Common Fund at his sole discretion.
All participating Class Members may also complete and submit a Proof of Greater Covered Care Submission if they underwent covered fertility treatment that would have resulted in reimbursement exceeding the $2,300 Default Dollars for Benefits Amount by their Aetna healthcare plan during the Class Period, if not for the Definition of Infertility. Documentation evidencing the claims is required, and evaluation of the forms and eligibility for payment will be at Aetna’s sole discretion.
YOU MUST COMPLETE AND SUBMIT THE ATTESTATION FORM AND CLAIM SUBMISSION FORM TO BE CONSIDERED FOR THE OUT-OF-POCKET SUBMISSION FORM, MISCELLANEOUS HARM SUBMISSION, AND PROOF OF GREATER COVERED CARE SUBMISSIONS OPTIONS.
You may complete and submit the optional compensation forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and submit any of these forms by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request blank paper copies of the forms from the Settlement Administrator at the contact information provided in Question 25, and return them by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Category D-A Class Members who do not request exclusion will receive an approximate $10,000 Default Common Fund Amount payment if a timely and complete Claim Submission Form with supporting evidence is submitted and approved by Aetna. Aetna will review and determine eligibility in its sole discretion. If there are more than 200 Class Members, Category D-A Class Members will receive an amount proportionate to an equal split of the $2,000,000 Common Fund. If Aetna has not already paid for artificial-insemination-related expenses (for ICI or IUI) that their medical plan would have covered but for the Definition of Infertility as of May 31, 2024, Category D-A Class Members will also receive a $2,300 Default for Dollars for Benefits Amount payment from Aetna.
You may complete these forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and send the Attestation Form and Claim Submission Form to the Settlement Administrator by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request a blank paper copy of the Attestation Form and the Claim Submission Form from the Settlement Administrator at the contact information provided in Question 25, and return it by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Additionally, all participating Class Members have the option to complete and submit an Out-of-Pocket Expense Submission for additional expenses incurred as a result of Aetna’s denial of infertility coverage, and/or a Miscellaneous Harm Submission for additional or other harm experienced as a result of the denial of infertility treatment not covered elsewhere by this settlement. Documentation to support your Out-of-Pocket Expense is required. Submissions will only be eligible for payment if there are funds remaining in the Common Fund after all Default Common Fund Amount payments have been distributed. Out-of-Pocket Expense and Miscellaneous Harm Submissions will be evaluated by Special Master Hon. Steven Gold who will divide any remaining funds in the Common Fund at his sole discretion.
All participating Class Members may also complete and submit a Proof of Greater Covered Care Submission if they underwent covered fertility treatment that would have resulted in reimbursement exceeding the $2,300 Default Dollars for Benefits Amount by their Aetna healthcare plan during the Class Period, if not for the Definition of Infertility. Documentation evidencing the claims is required, and evaluation of the forms and eligibility for payment will be at Aetna’s sole discretion.
YOU MUST COMPLETE AND SUBMIT THE ATTESTATION FORM AND CLAIM SUBMISSION FORM TO BE CONSIDERED FOR THE OUT-OF-POCKET SUBMISSION FORM, MISCELLANEOUS HARM SUBMISSION, AND PROOF OF GREATER COVERED CARE SUBMISSIONS OPTIONS.
You may complete and submit the optional compensation forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and submit any of these forms by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request blank paper copies of the forms from the Settlement Administrator at the contact information provided in Question 25, and return them by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Category D-B Class Members who do not request exclusion will receive an approximate $10,000 Default Common Fund Amount payment if a timely and complete Attestation Form and a timely and complete Claim Submission Form with supporting evidence is submitted and approved by Aetna. Aetna will review and determine eligibility in its sole discretion. If there are more than 200 Class Members, Category D-B Class Members will receive an amount proportionate to an equal split of the $2,000,000 Common Fund. If Aetna has not already paid for artificial-insemination-related expenses (for ICI or IUI) that their medical plan would have covered but for the Definition of Infertility as of May 31, 2024, Category D-B Class Members will also receive a $2,300 Default for Dollars for Benefits Amount payment from Aetna.
You may complete these forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and send the Attestation Form and Claim Submission Form to the Settlement Administrator by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request a blank paper copy of the Attestation Form and the Claim Submission Form from the Settlement Administrator at the contact information provided in Question 25, and return it by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
Additionally, all participating Class Members have the option to complete and submit an Out-of-Pocket Expense Submission for additional expenses incurred as a result of Aetna’s denial of infertility coverage, and/or a Miscellaneous Harm Submission for additional or other harm experienced as a result of the denial of infertility treatment not covered elsewhere by this settlement. Documentation to support your Out-of-Pocket Expense is required. Submissions will only be eligible for payment if there are funds remaining in the Common Fund after all Default Common Fund Amount payments have been distributed. Out-of-Pocket Expense and Miscellaneous Harm Submissions will be evaluated by Special Master Hon. Steven Gold who will divide any remaining funds in the Common Fund at his sole discretion.
All participating Class Members may also complete and submit a Proof of Greater Covered Care Submission if they underwent covered fertility treatment that would have resulted in reimbursement exceeding the $2,300 Default Dollars for Benefits Amount by their Aetna healthcare plan during the Class Period, if not for the Definition of Infertility. Documentation evidencing the claims is required, and evaluation of the forms and eligibility for payment will be at Aetna’s sole discretion.
YOU MUST COMPLETE AND SUBMIT THE ATTESTATION FORM AND CLAIM SUBMISSION FORM TO BE CONSIDERED FOR THE OUT-OF-POCKET SUBMISSION FORM, MISCELLANEOUS HARM SUBMISSION, AND PROOF OF GREATER COVERED CARE SUBMISSIONS OPTIONS.
You may complete and submit the optional compensation forms and upload your supporting documentation online HERE.
-OR-
You may print, complete and submit any of these forms by mail, email, or fax using the contact information provided in Question 25.
-OR-
You may request blank paper copies of the forms from the Settlement Administrator at the contact information provided in Question 25, and return them by mail, email, or fax using the contact information provided in Question 25.
The forms must be received by the Settlement Administrator on or before August 26, 2025.
The Court will hold a Final Approval Hearing on October 10, 2025 to determine if the settlement is fair, adequate, and in the best interest of the Settlement Class. Payments cannot be distributed until after the Court enters a Final Approval Order and the Settlement becomes final and effective. We do not know how long this process will take. Please visit this settlement website for updates on the outcome of the hearing.
EXCLUSION FROM THE SETTLEMENT CLASS
If you do not want to be a member of the Class you must mail a written request to be excluded from the Damages Settlement Class (“Request for Exclusion,” or “Opt-Out Request”) to the Settlement Administrator so it is received on or before August 26, 2025 at:
Infertility Insurance Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
To be valid, the Request for Exclusion must be in writing and include the name, date of birth, address, and social security number of the person requesting exclusion, as well as a clear statement communicating the person’s election to be excluded from the Damages Settlement Class.
Class Members who submit valid, complete, and timely Requests for Exclusion will be removed from the Class, will not be bound by the Settlement Agreement and subsequent proceedings, orders, and judgments, and will not be eligible to receive a payment from the Settlement, but will retain their rights to pursue claims against Defendant at your own risk and expense, should you choose to do so.
No. Unless you exclude yourself, you give up the right to sue the Aetna for the claims that the Settlement resolves and will not be able to participate in other class action lawsuits against Aetna regarding the claims at issue in this case. You must exclude yourself from the Settlement Class in order to try to pursue your own lawsuit.
No. You will not receive a payment if you exclude yourself from the Settlement.
If you are a Category A Class Member you do not have to do anything. You will receive an automatic approximate $10,000 Default Common Fund Amount payment, or a proportionally reduced payment if there are more than 200 class members, and a $2,300 Default Dollars for Benefits Amount payment if Aetna has not already paid for covered fertility treatments completed during the Class Period.
You will not be eligible for Out-of-Pocket Expenses, Miscellaneous Harm, or Proof of Greater Covered Care compensation if you do nothing.
If you are a Category B Class Member and you choose to do nothing, you will be bound by the terms of the Settlement Agreement, but you will not receive a payment from the Settlement.
If you are a Category C Class Member and you choose to do nothing, you will be bound by the terms of the Settlement Agreement, but you will not receive a payment from the Settlement.
If you are a Category D-A Class Member and you choose to do nothing, you will be bound by the terms of the Settlement Agreement, but you will not receive a payment from the Settlement.
If you are a Category D-B Class Member and you choose to do nothing, you will be bound by the terms of the Settlement Agreement, but you will not receive a payment from the Settlement.
SETTLEMENT OBJECTIONS
If you wish to object to the fairness, reasonableness, or adequacy of the proposed Settlement, including Class Counsel’s Attorneys’ Fees and Costs Application, and you do not request exclusion, you may file an objection and mail it to the Settlement Administrator, so it is received on or before August 26, 2025 at:
Infertility Insurance Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
A written objection must include:
• Your name, address, telephone number, and email address if available,
• The name and docket number of the Action: Goidel et al., v Aetna Life Insurance Company, Case No. 1:21-cv-07619 (VSB),
• An explanation of your objections and specific reasons for them,
• An indication of whether the objection(s) are specific to the objector, a subset (Category) of the Class, or the entire Class,
• All grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel,
• Any evidence you wish to introduce in support of each objection,
• An indication of whether you intend to speak at the Fairness Hearing.
Class Members may object on their own, or through counsel hired at their own expense. Any counsel hired by a Class Member for the purpose of objecting must serve notice of appearance on Class Counsel and Counsel for Defendant and e-file the notice of appearance using the Court’s CM/ECF system so it is received by Counsel and the Court by August 26, 2025. See Question 20 for more information.
Objecting is telling the Court that you do not like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class or the lawsuit. You cannot request exclusion and object to the settlement. If you exclude yourself, you have no basis to object because the case no longer affects you.
The Court will hold a Final Approval Order at 2:00 p.m. on October 10, 2025 in Courtroom 518 of the Thurgood Marshall US Courthouse located at, 40 Foley Square, New York, NY 10007. At the hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. The Court will also consider whether to approve Class Counsel’s Attorneys’ Fees and Expenses Application and the Class Representatives’ Service Awards. If there are objections, the Judge will consider them. The Judge will listen to people who have asked to speak at the hearing. After the hearing, the Judge will decide whether to approve the settlement. We do not know how long the decision will take.
You are not required to attend the hearing. Updates on the status of the hearing and the Court’s determination will be posted on this website.
Class Members who submit timely written objections may appear at the Final Approval Hearing in person or through counsel retained at the Class Member’s own expense.
If you intend to appear at the Final Approval Hearing on your own behalf, you must send a letter to the Settlement Administrator’s office notifying the Administrator of your intent to appear. The letter must include the Class Member’s name, address, telephone number, email address if available, and your signature. Send your notice of intention to appear to the Settlement Administrator so it is received on or before August 26, 2025 at:
Infertility Insurance Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
If you retained counsel at your own expense to appear on your behalf at the Final Approval Hearing, such counsel must serve a notice of intent to appear on Class Counsel and Counsel for Defendant and e-file using the Court’s CM/ECF System (https://ecf.nysd.uscourts.gov/) so it is received on or before August 26, 2025. Counsel can be notified at the following addresses:
| EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP Zoe Salzman Debra L. Greenberger Eric Abrams 600 Fifth Avenue, 10th Floor New York, NY 10020 | NATIONAL WOMEN’S LAW CENTER Michelle Banker Noel León Alison Tanner Sudria Twyman 1350 Eye Street NW, Suite 700 Washington, DC 20005 | BAKER BOTTS LLP Earl B. Austin Sarah Reeves 30 Rockefeller Plaza New York, NY 10112 |
CLASS COUNSEL
The Court appointed the Class Representatives’ attorneys in the Action as Counsel for the Class (“Class Counsel”). Class Counsel are Zoe Salzman, Debra L. Greenberger, and Eric Abrams of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP, and Michelle Banker, Noel R. León, Alison Tanner, and Sudria Twyman of the National Women’s Law Center. You are not required to hire your own attorney because Class Counsel is working on your behalf as a member of the Class. If you want to hire your own lawyer, you may do so at your own expense.
You do not need to hire your own lawyer because Class Counsel is working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.
Class Counsel will ask the Court to award its Attorneys’ Fees and Expenses Application in an amount not to exceed $1,625,000. Class Counsel will submit the application in advance of the Final Approval Hearing. Aetna will pay all Court-approved attorneys’ fees and costs and payments within 30 days of receipt of all documentation necessary to effectuate payment separate and apart from the $2,000,000 Common Fund, Dollars for Benefits Payments, Class Representative Fees, and costs for the Administrator and Special Master.
Class Counsel will request Court approval of Service Award Payments to the Class Representatives in the amount of $15,000 each as part of its Attorneys’ Fees and Expenses Application. Class Counsel will submit the application in advance of the Final Approval Hearing. Aetna will pay the Court-approved Class Representatives’ Service Award Payments within 30 days of receipt of all documentation necessary to effectuate payment separate and apart from the $2,000,000 Common Fund, Dollars for Benefits Payments, Class Representative Fees, and costs for the Administrator and Special Master.
MORE INFORMATION
Additional information about the proposed settlement, including access to Court Documents, answers to frequently asked questions and paper and online versions of Out-of-Pocket Expense Submission, Miscellaneous Harm Submission, and Proof of Greater Covered Care Submission are available at online at www.InfertilityInsuranceSettlement.com.
You may also contact the Settlement Administrator by email, telephone, fax, or mail as follows:
Telephone: 1800-205-6861
Fax: 1-888-326-6411
Mail:
Infertility Insurance Settlement
c/o Atticus Administration
PO Box 64053
Saint Paul, MN 55164
Please DO NOT contact the Court with questions about this Settlement.
AUGUST 26, 2025:
The date by which any optional forms you intend to complete for additional compensation consideration, requests for exclusion, or Settlement objections must be received by the Settlement Administrator
OCTOBER 10, 2025:
The date on which the Court will consider whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class.