The purpose of the Notice is to inform you that your rights may be affected by the proceedings in a class action lawsuit pending in the San Diego County Superior Court in the State of California (the "Court"). The notice is provided by Order of the Court.
In simple terms, the class action lawsuits seeks, among other things, restitution of the amounts charged by ChartOne in excess of the charges set forth in Evidence Code Section 1158 when responding to a request to copy patient's records pursuant to that Section. In addition, the class action lawsuits seek injunctive relief requiring ChartOne to comply with the reasonable cost limitations set forth in Evidence Code Section 1158 when responding to a request to copy patient's records pursuant to that Section. ChartOne denies the allegations contained in the class action lawsuits or that members of the Settlement Class have been injured or are entitled to any damages. The Settlement does not constitute an admission of
liability by ChartOne or any of the Released Parties.
In addition to these lawsuits against ChartOne, there are lawsuits filed and currently pending in the Superior Court of California in and for the County of Los Angeles that seek the same, similar or additional damages against the medical providers for whom ChartOne copied patient records in response to a request for patient records pursuant to Section 1158. The lawsuits are entitled DeVargas v. Saint John’s Hospital and Health Center, Case No. BC349914, Knight v. Kaiser Foundation Hospitals, et al., Case No. BC349915 and Van v. The Regents of the University of California, et al., Case No. BC349916, Dick v. Daniel Freeman Memorial Hospital, et al., Case No. BC353731 and McLennan v. Northbridge Hospital Medical Center, Case No. BC353729 and allege that the medical providers that are defendants in these lawsuits violated Section 1158 by charging more than the reasonable cost limitations set forth in that statute and as a result of such violations allege that the medical providers are liable for such overcharges based on a variety of legal theories. The Settlement in this case may affect your right to any recovery in the cases which are pending in the Superior Court of California in and for the County of Los Angeles.
A settlement has now been reached with ChartOne, and the Court has granted preliminary approval to the Settlement. The notice summarizes essential information concerning the Settlement and your potential rights under the Settlement. The fact that you received the Notice does not necessarily mean that you are a member of the Settlement Class or that you are entitled to any benefits.
A class action is a type of lawsuit in which one or a few named plaintiffs bring suit on behalf of all the members of a similarly-situated group or groups to recover damages for all members of the group or groups without the necessity of each member filing an individual lawsuit or appearing as an individual plaintiff. Class actions are used by courts where the claims raise basic issues of law or facts that are common to all members of the class, thereby making it fair to bind all class members to the orders and the judgment in the case, without the necessity of hearing essentially the same claims over and over again. Use of the class action eliminates the necessity of filing multiple lawsuits, and assures that all class members are bound by the results of a single lawsuit.
The members of the Settlement Class are the Representative Plaintiffs and all other Persons who, at any time between April 11, 2002 and through March 1, 2007, requested copies of his or her patient records from ChartOne and/or a medical provider listed on Exhibit A pursuant to Evidence Code Section 1158 and were charged and paid ChartOne for the production of the patient records produced by it. Excluded from the Settlement Class are all persons who properly and timely elected to opt out pursuant to the terms of the settlement.
The Court has granted preliminary approval to the proposed Settlement and conditionally certified the Settlement Class. The Settlement has not yet been granted final approval by the Court. Final approval will take place only after a fairness hearing, at which class members will have an opportunity to comment on the proposed settlement.
Each Settlement Class Member who submitted a valid and timely claim to ChartOne or its designee acting in the capacity of Claims Administrator shall be paid $28.00 per occurrence.
In exchange for the benefits described above, members of the Settlement Class who did not opt out will be deemed to have given a complete release of all Settled Claims as to all Released Parties (whether or not they actually seek the potential benefits available under the Settlement). If the Court grants final approval to the Settlement, the Court will enter a final judgment and dismiss all such claims with prejudice.
“Occurrence”, as defined by the Stipulation of Settlement, means each time a Settlement Class Member at any time between April 11, 2002 and March 1, 2007, prior to the filing of an action or the appearance of a Defendant in an action, requested copies of patient records pursuant to Evidence Code §1158 and was charged by and paid an amount to ChartOne in excess of the “reasonable costs” set forth in Evidence Code §1158.
The deadline to exclude yourself from the Settlement Class was July 11, 2008.
The deadline to object or comment on the Class Settlement was July 11, 2008.
Jasmin Reece and Melissa Jackson are the Representative Plaintiffs who represent the interests of class members in this litigation. The named plaintiffs and the Settlement Class are represented by:
Sheldon A. Ostroff
Law Offices of Sheldon A. Ostroff
1441 State Street
San Diego, CA 92101
James C. Kostas
Huffman & Kostas
1441 State Street
San Diego, CA 92101
Barron E. Ramos
A Professional Corporation
132 N. El Camino Real #303
Encinitas, CA 92024
If eligible, members of the Settlement Class may participate without incurring any legal fees. In connection with the Fairness Hearing on July 25, 2008, Settlement Class Counsel made a request to the Court for an attorneys' fees award of $150,000.00 and for reimbursement of costs and expenses of up to $7,500.00. Also, Settlement Class Counsel made a request to the Court for an incentive award of $1,500.00 for each of the Representative Plaintiffs identified above as compensation for their representation of the class throughout this litigation. The requests for attorneys' fees and costs and the incentive awards are subject to Court approval.
To date, Settlement Class Counsel have not received any payment for their services in conducting this action on behalf of the Representative Plaintiffs and the members of the Settlement Class, nor has Counsel been reimbursed for out-of-pocket expenses. The requested attorneys' fees and costs will compensate Counsel for their efforts in achieving the Settlement for the benefit of the Settlement Class and for the risk in undertaking this representation on a wholly contingent basis.
The Notice is intended only to provide a summary of the circumstances surrounding the litigation, the terms of the proposed settlement, and related matters. You may seek the advice and guidance of your own private attorney, at your own expense, if you desire. For more detailed information, you may review the pleadings, records, and other papers on file in this litigation, which may be inspected during regular business hours at the Clerk's office, San Diego County Superior Court, located at 330 West Broadway, San Diego, California 92101. You may also review the Settlement Agreement. You will not receive any further notice if the Settlement is approved and/or is terminated or modified. Please do not contact the Court for information.
The deadline to submit a Claim Form was July 11, 2008. If the Settlement is granted final approval, you will be contacted regarding your claim. If you did not timely file a Claim Form, and you did not opt out, you will still be bound by the Settlement, including any releases and assignments of your claims effectuated thereby.
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