Jenie Mallari-Torres Aug. 5, 2016, 3:44pm


SAN FRANCISCO — A New York woman and former California resident is suing health care providers, alleging breach of contract.

K. F. Petty, now living in New York, filed a class action lawsuit, individually and on behalf of all others similarly situated, July 15, in the U.S. District Court for the Northern District of California San Francisco Division against Anthem Inc., Blue Cross of California, d/b/a Anthem Blue Cross and Anthem Blue Cross Life and Health Insurance Company, alleging breach of duty of good faith and fair dealing.

According to the complaint, Petty suffered physically and financially by being forced to fill her prescriptions with inferior drugs and/or pay excessive prices for her brand-name drugs. The plaintiff alleges the defendants failed to provide coverage and forced those insured to use generic alternatives or to pay out-of-pocket for medically necessary, physician-prescribed, brand-name medicines.

Petty seeks trial by jury, an injunction requiring the defendants to provide the cost of the medication benefits denied, pre-judgment interest, attorney fees, expert fees and expenses and such relief the court deems proper. She is represented by attorneys Michael A. McShane and Ling Y. Kuang of Audet and Partners LLP in San Francisco, by Richard D. Greenfield, Ilene F. Brookler and Marguerite R. Goodman of Greenfield and Goodman LLC in New York, and by Charles J. LaDuca of Cueno, Gilbert and LaDuca LLP in Bethesda, Maryland.

U.S. District Court for the Northern District of California San Francisco Division Case number 4:16-cv-04026

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U.S. District Court for the Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102

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