700,000 Doctors Move to Halt Cigna HealthCare's Attempt to Circumvent Global Class Action Lawsuit per Law Offices of Archie Lamb.

Business Editors/Legal Writers

MIAMI--(BUSINESS WIRE)--Dec. 4, 2002

TX, CA, FL, GA, LA, NY, CT State Medical Societies Strongly Oppose

Cigna's Tactics

Lawyers representing over 700,000 doctors in a landmark global class action suit against the nation's largest managed care companies took steps yesterday to stop Cigna HealthCare from sidestepping their global class action lawsuit. Lawyers for the doctors took steps yesterday to prohibit Cigna from circumventing the jurisdiction of the court where the class action suit is being heard.

The doctors' class action suit was filed in May 2000 to combat widespread and chronic abuses by HMOs such as Cigna HealthCare, Aetna, United Healthcare, and other large providers. The class action suit alleges, among other things, the major HMOs have violated the federal RICO statute (including conspiracy and aiding and abetting claims), breach of contract, unjust enrichment, and violations of various state prompt pay statutes.

In an attempt to avoid the global class action suit, Cigna HealthCare has engaged in a complex and questionable series of procedural maneuvers trying to settle a separate suit, not part of the class action that is being heard by US Federal Judge Frederico Moreno in US District Court, Southern District of Florida. Cigna HealthCare's maneuvering is to settle an Illinois based suit in hopes that it would bar most claims against it in the class action suit.

Attorneys for the 700,000 doctors have petitioned Judge Moreno to transfer the Illinois case to be part of the class action suit that is being heard in his court. In their filings, the attorneys said that Cigna's conduct "amounts to nothing less than a deliberate, calculated attempt to flout (the court's) orders, an insult to the dignity of the proceedings before the United States District Court for the Southern District of Florida and a fraud on the Illinois Federal District Court.

"Cigna does not want to answer for years of abusing the trust of doctors all around this country," Said Archie Lamb, co-lead counsel for the doctors in the class action suit. "Cigna is trying to convert a small breach of contract suit that was brought in a state court in Illinois into a global release of all RICO conspiracy charges all within a 36 hour period of time," Said Lamb.

"Cigna's attempt to make a settlement outside of the class action suit is for one reason only, they are pulling an end run because they have no intention of stopping their over-reaching and unfair practices," said Jack Lewin, MD of the California Medical Association. "The class action suit identifies incident after incident where the HMOs institute polices that run counter to the spirit of honesty and fair dealings with America's physicians," said Lewin.

"Although it looks like Cigna is recognizing they must change the way they do business, in reality their offer falls short of the very real and fundamental changes we're seeking on behalf of Texas physicians and our patients," said Fred Merian, MD, president of the Texas Medical Association. "I really don't believe that any sort of settlement offer is automatically a step in the right direction. The Texas Two-Step is a dance with all sorts of spins, twirls, and side steps, sending the dancers around in a circle. It's time for Cigna to step out of this dance and up to their responsibilities."

"The facts presented in court today clearly demonstrate Cigna's inappropriate actions and we are optimistic that Cigna will be held accountable," Said Archie Lamb. The court is expected to rule on the doctors' request no later than Friday, December 13, 2002.