The insurer filed a defamation lawsuit this week in Delaware Superior Court against the publication over its May 21 report that UnitedHealth paid nursing home bonuses to reduce hospital transfers.
The lawsuit centers on the Guardian’s article that said to reduce hospital transfers, the company offered payments to nursing homes. In some cases, the delays in care risked the health of residents, according to the publication.
RELATED: Guardian report exposes UnitedHealth’s secret payments to nursing homes
The Guardian reported that the article was based on its review of confidential corporate and patient records that it obtained through sources, public record requests, and court rules, as well as interviews with current and former UnitedHealth and nursing home employees and two whistleblower declarations submitted to Congress.
On its website, UnitedHealth said the article presents a narrative built largely on anecdotes rather than facts. ” It is unfortunate that the article misrepresents a program that, in reality, improves health outcomes for seniors through on-site clinical care, personalized treatment plans, and enhanced coordination among caregivers. We stand firmly behind the integrity of our programs, which consistently receive high satisfaction ratings from our members.”
In the lawsuit, UnitedHealth claims that the Guardian knew the accusations were false but published them anyway to capitalize on the tragic and shocking assassination of its then-CEO Brian Thompson in December 2024. Although the article didn’t have anything to do with the murder, the lawsuit claims the publication linked it to the fatal shooting and also featured a photo of protestors who supported the alleged killer.
The suit alleges the Guardian also used a heavily cropped screenshot of an internal UnitedHealth email to knowingly and falsely accuse the company of coercing nursing home residents to sign “do not resuscitate” papers as a cost-cutting tactic even when the patients had expressed a desire for treatments to keep them alive. “This is unquestionably defamatory,” the lawsuit states. “The Guardian effectively accuses UnitedHealth of intentionally causing the premature deaths of patients by fraud. Such an accusation could not be more serious. And it could not be more false.”
In reality, UnitedHealth says, the uncropped version of the email expressly contradicts the Guardian’s reporting and notes that, consistent with industry gold standards, Optum staff should have discussions with residents about their end-of-life care with the express goal of “understand[ing] member values” and helping residents “make informed decisions about goals of care.”
The company is seeking a jury trial and compensatory and punitive damages.
In response to the lawsuit, the Guardian told media outlets that it stands by its reporting. “It’s outrageous that in response to factual reporting on the practice of secretly paying nursing homes to reduce hospitalizations for vulnerable patients, UnitedHealth is resorting to wildly misleading claims and intimidation tactics via the courts,” the statement said.