TakeCare has lost its bid for a temporary restraining order and injunction to block the award of the GovGuam group health insurance plan to Aetna.
The company argued that the protest they filed against the contract award to Aetna should have triggered an automatic stay and brought the procurement process to a stop.
TakeCare said it would suffer irreparable harm by a loss of market share and anticipated profits.
But CNMI Judge Robert Naraja noted in his decision that TakeCare’s claim of irreparable harm was based on the speculative presumption that it would be awarded the contract.
There is no guarantee that TakeCare would have been selected, wrote the judge in his decision.
He concluded that TakeCare failed to meet the burden of proof need for an injunction.
TakeCare still has other pending legal complaints about the health insurance contract that have not yet been decided by the courts.