Disputes about how claimants and lawyers should split a historic $2.7 billion settlement with Blue Cross Blue Shield affiliates have delayed payments to 100 million people who had policies between 2008 and 2020.

Judges on the 11th Circuit Court of Appeals heard arguments last week from those who believe the funds should be split differently – including one person who objected to $627 million in attorneys’ fees. Payments from the settlement won’t be distributed until the court has ruled on all the appeals.

Plaintiffs first filed the lawsuit more than a decade ago, alleging that Blue Cross affiliates had agreed to divvy up territories to reduce competition for health insurance. The massive case involved more than 30 Blue Cross Blue Shield plans.

The attorneys agreed to settle the case for $2.67 billion in October 2020 and U.S. District Court Judge David Proctor of the Northern District of Alabama finalized that agreement last year. It was one of the largest healthcare settlements in U.S. history.

Several people filed objections to the settlement, including attorneys for Home Depot, who opposed a part of the settlement they believed could bar future lawsuits. Another group argued that claims for self-funded plans should go back to 2008 instead of 2012.

One objection came from David Behenna, who said the 23.5% of the settlement awarded as attorneys’ fees was too high. He argued the court erred in calculating the amount, which should have been closer to $194 million.

“In October 2021, the court conducted a multi-day fairness hearing. Appellant traveled at his own expense from New Hampshire to Birmingham, Alabama to attend the fairness hearing and to voice his objections,” according to court documents. “The District Court overruled Appellant’s and other objectors’ objections with respect to the proposed attorneys’ fees and approved Plaintiffs’ Counsel’s fee application without modification.”

Attorneys involved in the case, who have defended the fees, pointed to the long and complex nature of the case. The percentage awarded to attorneys fell in line with similar cases that typically range from 20 to 30 percent, they said. The attorneys not only secured settlement funds, but also changes to the way Blue Cross and Blue Shield affiliates do business.

“[It] includes one of the largest monetary recoveries ever achieved in a private antitrust class action settlement and a package of transformative structural relief that will reshape competition in the health insurance industry for years to come,” they wrote.

Although the 11th Circuit heard oral arguments last week, it may take months to issue an opinion. No settlement funds or attorneys’ fees can be issued until the appeals are resolved, according to the Blue Cross Blue Shield Settlement website. The deadline to file a claim passed in November 2021 and objections have already been filed and heard.

“There is currently no timeline for resolution of these appeals,” the website said.

In addition to the monetary settlement, the case could also change the way Blue Cross and Blue Shield plans do business. Plans will now be able to offer products in other states, which could increase competition.

Alabama is one of the states that could be affected. The American Medical Association named it the state with the least competitive health insurance market in 2021. Blue Cross Blue Shield of Alabama covers about 87 percent of the privately insured market.