NOTICE OF CLASS ACTION SETTLEMENT

To all persons and entities who, at any time between January 18, 2008 and June 5, 2014, requested, and paid for, medical records from West Virginia University Hospital.

Postcard Notice

A proposed class action settlement has been reached with West Virginia University Hospitals, Inc., and West Virginia United Health System, Inc (“Defendants”), regarding medical records requests between January 18, 2008 and June 5, 2014. The settlement resolves a lawsuit entitled Thomack, et al. v. West Virginia University Hospitals, Inc., Civil Action No. 13-C-53 (the “Lawsuit”), Circuit Court of Monongalia County, West Virginia (the “Court”). The Court authorized this notice.

You can find a summary of the Settlement below. More details about the Settlement, including answers to frequently asked questions, and other information about the Lawsuit, can be found under the Pleadings and Important Documents and FAQs tabs.

If you are a member of the Class and paid to obtain your own medical records or someone else’s medical records using an authorization or release from West Virginia University Hospitals or Health Systems between January 18, 2008 through June 5, 2014, you may be eligible to receive a reimbursement for a prorated portion of your payment for these medical records. The settlement makes up to $1,440,000.00 available for reimbursement of medical record request payments.

You have the right to object to the settlement. Your objection must be received by September 8, 2024. For details on how to object, answers to frequently asked questions, and other information about the Lawsuit, see the Pleadings and Important Documents tab and FAQs tab.

You have the right to opt out of the settlement. Your opt-out request must be received by September 8, 2024. For details on how to opt-out, answers to frequently asked questions, and other information about the Lawsuit, see the Pleadings and Important Documents tab and FAQs tab.

The Court will hold a final approval hearing on December 11, 2024 at 3:00 PM to consider whether to approve the settlement. Class Counsel will ask the Court to award them $975,000 in Attorneys’ Fees and an incentive award to the individuals who started the Lawsuit. These funds are in addition to the amounts available for reimbursement of medical record request payments. You may appear at the hearing, but you do not have to.

All available information regarding claims processing is available in the Order Granting Joint Motion for Certification of Settlement Class and the Order Approving Claims Administrator Revised Report Number One, Settlement Deadlines and Date for Final Approval Hearing. This Settlement is not yet finalized. The Final Approval Hearing will be held on December 11, 2024. As such, the calculation of each Class member’s prorated portion of the overcharges cannot yet be finalized. When additional information becomes available, it will be posted to this Settlement Website. Please check this Settlement Website periodically or contact the Settlement Administrator or Class Counsel for updates.

Please read to learn your rights.

This notice concerns a case called Thomack, et al. v. West Virginia University Hospitals, Inc., Civil Action No. 13-C-53, pending in the Circuit Court of Monongalia County, West Virginia.
This class action Settlement will resolve a lawsuit against West Virginia University Hospitals, Inc., and West Virginia United Health System, Inc. (the “Defendants”) pertaining to medical records requests and payments between January 18, 2008 and June 5, 2014. The lawsuit settlement affects all persons and entities who, at any time between January 18, 2008 and June 5, 2014, paid for medical records from West Virginia University Hospital.
Defendants deny any wrongdoing. They contend that they complied with the law in all respects and at all times.
To settle the case, Defendants have agreed to pay $1,440,000.00 to settle claims submitted by members of the Class, and includes both overcharges and interest, but does not include attorney fees or claim administration costs. Class payments will be made by Defendant’s insurer, after proper submission of claims by Class members and the approval of the claim by the administrator based on the redemption percentages detailed in the Order Granting Joint Motion for Certification of Settlement Class and Preliminary Approval of Settlement. The Settlement Administrator’s costs for settlement administration will also be paid by the Defendants’ insurer, but will not be taken out of the $1,440,000.00 set aside for payment of claims.
The lawyers who brought this lawsuit (“Class Counsel”) will ask the Court to award them $975,000 in attorneys’ fees separate from this settlement amount. Again, this amount will not be taken out of the $1,440,000.00 set aside for payment of claims.
Class Counsel will not seek reimbursement of case expenses.
Your legal rights are affected whether or not you act. Read this notice carefully.

This Notice summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Order Granting Joint Motion for Certification of Settlement Class and Preliminary Approval of Settlement, available at www.WVUMedicalRecordsOvercharge.com (the “Settlement Website”), or contact the Claims Administrator at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244 or by telephone at (855) 711-2079.

YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT		DEADLINE
Review & Submit Pre-Filled Claim Form	If you requested and/or paid for medical records, you will be sent a pre-filled Claim Form to review and submit to receive cash payment.	*May 6, 2025
Exclude Yourself From the Class	You will not get any benefits under this Settlement. This is the only option that allows you to be part of any other lawsuit or proceeding in arbitration against the Settling Defendants about the legal claims in this case. Please see the FAQs tab Q.8. for the Opt-Out Form.	*September 8, 2024
Object to the Settlement	Tell the Court about why you don’t like the Settlement.	*September 8, 2024
Go to a Hearing On December 11, 2024	If you timely submitted a written objection, you may ask to speak in Court about the Settlement.	*December 11, 2024
Do Nothing	Get no benefits. Give up rights to part of any other lawsuit against the Defendants about the legal claims in this case.
* These deadlines may be extended for good cause, without further direct notice to you. All such changes to the deadlines will be posted to this Settlement Website at www.WVUMedicalRecordsOvercharge.com. Please continue to check this Settlement Website for updates.

For more information on your rights and options in this Settlement, including how to file a claim, an objection, or an opt-out form, please visit the FAQs tab.
These rights and options—and deadlines to exercise them—are explained herein, and more information can be found under the Pleadings and Important Documents and FAQs tabs.
Final Approval Hearing: On December 11, 2024, the Court will hold a hearing to determine: (1) whether the Settlement should be finally approved as fair, reasonable, and adequate; and (2) whether to grant Class Counsel’s application for Attorneys’ Fees and/or the Class Representatives incentive award. The hearing will be held in the Circuit Court of Monongalia County, West Virginia, before the Honorable Perri Jo DeChristopher, at 3:00 PM EST, or such other judge assigned by the Court. This hearing date may change without further direct notice to you. Consult the Settlement Website at www.WVUMedicalRecordsOvercharge.com.

Please do not address any questions about the Settlement or Litigation to the Clerk of Court or the Judge.