Judge rips insurance company for 'immoral, barbaric' cancer denials

By Wayne Drash, CNN
Updated 1148 GMT (1948 HKT) May 16, 2019

(CNN) — A federal judge blasted UnitedHealthcare last month for its "immoral and barbaric" denials of treatment for cancer patients. He made the comments in recusing himself from hearing a class-action lawsuit because of his own cancer battle -- and in so doing thrust himself into a heated debate in the oncology world.

At issue is a treatment known as proton beam therapy, an expensive alternative to standard radiation that proponents say is a more precise form of treatment with fewer side effects. Opponents have questioned whether proton therapy is worth the high cost to fight some forms of cancer, and insurance companies have often denied coverage for the treatment, calling it "experimental."

The case that came before US District Judge Robert N. Scola was brought by a prostate cancer survivor who alleged that UnitedHealthcare wrongfully denied him and thousands of others coverage of proton beam therapy.

In his recusal, Scola cited his own battle with prostate cancer and how he consulted "with top medical experts around the country" about treatment options. Scola said that he ultimately opted for surgery but that "all the experts opined that if I opted for radiation treatment, proton radiation was by far the wiser course of action."

The judge also cited a friend who was diagnosed with cancer in 2015 and got hit with a $150,000 bill after UnitedHealthcare refused to pay for his proton beam radiation from MD Anderson Cancer Center. "Only upon threat of litigation did UnitedHealthcare agree to reimburse him," Scola wrote.

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