Under the concepts of Torts under Anglo-American Common Law, these points might best be described as a defense of contributory negligence. In other words, Ms Calad and Mr. Davila might have prevented the damage to their person for which they are allowed no monetary damages in court if they had properly enforced their ERISA or THCLA rights against CIGNA and Aetna to prevent the injury from happening. The fact that ERISA had failed to prevent the harm, however, and the fact that it was ruled by the Supreme Court that neither CIGNA nor Aetna could owe monetary damages for their contribution to the harm done, shows that there is a need for change, either in ERISA itself by Congress or by Supreme Court common law.