Class Action Lawsuit on behalf of Federal Employees who Paid a Premium for Breast Feeding Services in Blue Cross Blue Shield network

Nothing is more important to a parent than the health of their child, yet certain insurance companies are making it difficult for parents to achieve this simple necessity.

New parents and federal employees who paid a premium for breastfeeding services have created a class action lawsuit against Blue Cross, because they were not provided with the services they had been promised. These claims were denied to mothers even though the Affordable Care Act requires insurance carriers to cover these services at little to no cost for the parents.

How did this happen?

The Blue Cross misreported the availability of in-network lactations consultants. The company stated that these consultants were available in most locations. Many people with insurance were charged prices up to $300 or more for these maternity benefits. These benefits include teaching mothers how to feed their baby properly, and how to avoid issues with breastfeeding, such as latching difficulties, painful nursing, and low milk production.

What is the problem?

Unfortunately, these services that Blue Cross claimed to provide were not accessible to the people who were insured because of the misrepresentation of available consultants. The Blue Cross network truly only contained a few certified lactation consultants in the country. This means there were not enough consultants to effectively provide services for all mothers who were insured and requested one.

What does this mean for people who are insured?

This may mean bad news for people using this insurance plan. The reason for this is because parents with newborns were not being provided with the services they paid extra for. Despite the fact that Blue Cross was unable to provide lactation services to new parents in the manner they claimed, the continued to misrepresent the availability of this service. And charge extra for the service that wasn’t available!

Certified lactation consultants are important because not only do they provide consultation for breastfeeding, but they also provide education about breastfeeding to expecting mothers. This is great for new mothers or mothers who are unsure/concerned about their child’s feeding, weight and growth rate.

Because of the lack of access to consultants as represented by Blue Cross, many mothers and infants have suffered greatly, not just financially, but health wise, too. These services cost a great deal of money for parents. Yet, absolutely no services were provided with the money the parents invested. Not only does that hurt their bank account, but also their infant’s health.

Who will benefit from this class action lawsuit?

Those who will benefit from this class action are federal employees and their spouses. Those who are a part of the Federal Employees Health Benefits Program, and those who requested and received no certified lactation services (both in network and out of network) can benefit, as well.

What can I do?

Alarmingly, this misrepresentation of maternal benefits is being discovered in many states, with several major insurance providers. It is important to take action to provide mothers with the breastfeeding services that they are entitled to, as well as important for us to ensure that the health of their infant is a priority. Ask your loved ones who are expecting to double check the status of providers in their network.

If your insurance provider has misrepresented your access to a certified lactation consultant, you may be entitled to compensation.  If you have questions or concerns, you can reach Attorney Damon McDougal to discuss this case and your possible eligibility for compensation: (






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