Berman Tabacco

Aetna Life Insurance Co.

Aetna Life Insurance Co. v. Bay Area Surgical Management, LLC, No. 1-12-cv-217943 (Cal. Super. Ct. Santa Clara County)

Berman Tabacco represented Aetna Life Insurance Co. in a complex four-year long state court case that culminated in a successful trial in 2016. In this matter, Aetna sued seven San Francisco Bay Area outpatient surgical facilities, certain of its principals and a management company alleging that they fraudulently overcharged Aetna a staggering 771% by improperly referring Aetna-insured patients to “out-of-network” facilities run by the defendants. Working with its co-counsel, the firm actively prosecuted the case from its inception up to the commencement of trial, negotiated a settlement with some defendants and then assisted Aetna’s lead trial counsel during the trial phase. In April 2016, Aetna achieved a unanimous jury verdict and was awarded $37.4 million, the full amount requested.

Case Information

  • Settlement Amount:
    $37.4 million