UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

BEAUMONT DIVISION

LINDA BRADSHAW CIVIL ACTION NO.:

VERSUS 1:23-cv-295

THE PRUDENTIAL INSURANCE

COMPANY OF AMERICA

COMPLAINT

I. PARTIES

1. Plaintiff, LINDA BRADSHAW, is a person of the full age of majority, and a 

resident of Liberty County, Texas.

2. Defendant, THE PRUDENTIAL INSURANCE COMPANY OF AMERICA

(“PRUDENTIAL”), is a foreign corporation authorized to do and doing business in the State of

Texas in this judicial district.

II. JURISDICTION & VENUE

3. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 because this suit involves 

questions of federal law, namely the Employee Retirement Income Security Act of 1974 

(“ERISA”).

4. Venue is proper in this district under 28 U.S.C. §1391(b) because Plaintiff is a 

resident of this district, and a substantial part of the events giving rise to the claim occurred in this 

district.

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III. FACTS AND ALLEGATIONS

5. Plaintiff at all material times was employed as an Orthopedic In-Patient Bedside

Registered Nurse for CHI St. Luke’s Health Memorial Hospital (not a defendant) and a beneficiary

and participant in its employee benefits plan (“the Plan”), sponsored and administered for

participating employees in the state of Texas and elsewhere.

6. Defendant, PRUDENTIAL, acted at all relevant times as a fiduciary of the Plan 

by virtue of being under contract with CHI St. Luke’s Health Memorial Hospital and the Plan to 

insure the Plan and provide certain claims services relevant here.

7. Defendant, PRUDENTIAL, insured the Plan and Plaintiff as beneficiary for all 

benefits at issue herein through an insurance policy (“the Policy”).

8. Among other benefits, the Plan and the Policy provided Plaintiff with life and 

accidental death and dismemberment coverage and benefits and waiver of premium for such 

coverage and benefits in the event of the beneficiary becoming disabled as defined by the Plan and 

Policy.

9. Beginning June 3, 2020, Plaintiff became, remains, and will continue permanently

to be, disabled from her own former occupation, as well as any occupation, as defined by the Plan

and the Policy as a result of disabling medical conditions, including arthritis and chronic pain in

neck, back, knees, ankles and arms and required medical treatment and medications.

10. Despite receiving overwhelming proof that Plaintiff qualified for the waiver of 

premium for the relevant coverage and benefits under the Plan and the Policy terms, 

PRUDENTIAL on initial denial and on appeal, arbitrarily and capriciously refused to provide 

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continued life and accidental death and dismemberment coverage and benefits that Plaintiff is 

entitled to receive with waiver of premium under the terms of the Plan and the Policy.

11. Plaintiff has exhausted all required administrative remedies for the claims at issue 

herein prior to filing this lawsuit.

12. Plaintiff incurred attorney’s fees in order to pursue the benefits at issue herein from 

the Plan and the Policy.

13. Plaintiff is entitled to judgment awarding waiver of premium benefits owed under 

the terms of the Plan and the Policy against Defendant PRUDENTIAL.

14. Plaintiff is entitled to judgment awarding reasonable attorney fees incurred in 

pursuit of these claims from Defendant PRUDENTIAL.

15. The standard of review of Plaintiff’s claims herein is de novo, by virtue of no grant 

of discretionary authority being properly vested in the ultimate claim decision maker.

WHEREFORE, Plaintiff LINDA BRADSHAW, prays for judgment against Defendant,

THE PRUDENTIAL INSURANCE COMPANY OF AMERICA as follows:

1. For declaratory judgment that she is provided life and accidental death and 

dismemberment coverage and benefits with full waiver of premium for benefits as

due Plaintiff under terms of the Plan and the Policy;

2. For all reasonable attorney’s fees;

3. For costs of suit; and

4. For all other relief as the facts and law may provide.

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Respectfully Submitted,

s/J. Price McNamara

____________________________

J. PRICE McNAMARA 

Bar Nos: LA 20291 & TX 24084626

10455 Jefferson Highway, Ste. 2B

Baton Rouge, LA 70809

Telephone: 225-201-8311

Facsimile: 225-612-6973

price@jpricemcnamara.com

Attorney for Complainant 

*Complaint will be sent by certified mail to all

defendants with request for waiver of service of summons.

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