In a memorandum opinion and order filed April 26, Judge Jane Boyle of the U.S. District Court in Northern Texas ruled that claims in the lawsuit were preempted by federal law.
Roslyn Gonzalez sued BCBSA for denying coverage of proton beam radiation therapy to treat a malignant tumor in her lower left abdomen. BCBSA had deemed the treatment experimental.
In fall 2020, BCBSA filed a motion to dismiss the case, arguing Ms. Gonzalez’s state-law claims against the health insurance company were preempted by The Federal Employees Health Benefits Act. The court agreed with BCBSA.
Ms. Gonzalez can file an amended complaint by May 10.
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