WVU HOSPITAL OVERCHARGE CLASS ACTION SETTLEMENT

GENERAL FREQUENTLY ASKED QUESTIONS (“FAQS”)

These FAQs are meant to simplify any Class Member’s submission of a claim.  The below information is to help Class Members understand what happened, why you are a Class Member and what you need to claim your money from the settlement. However, the actual Preliminary Approval Order by the Court and Notice documents are controlling, and can be found on this Website under the Pleadings and Important Documents tab.

*These FAQs may be edited as the Settlement administration proceeds.*

1. Why Did I Get This Settlement Notice?

If you received this Settlement Notice, records show that between January 18, 2008 and June 5, 2014, you may have requested, and/or paid for, medical records from West Virginia University Hospital. It has been alleged in court that West Virginia University Hospitals, Inc., and West Virginia United Health System, Inc. (the “Defendants”) violated West Virginia Code § 16-29-1 et seq., by excessively charging to provide copies of patients’ medical records, which overcharging was asserted to be unlawful. A court authorized this Notice because you have the right to know about the proposed Settlement and your options before the Court decides whether to approve the Settlement as final. If the Court approves the Settlement , and if that approval is upheld on appeal (if any), a Claims Administrator appointed by the Court will make payments to the Class Members who file a valid claim.

The Honorable Perri Jo DeChristopher, Circuit Judge of the West Virginia Circuit Court of Monongalia County, West Virginia, is the presiding Judge in this case, which is called Thomack, et al. v. West Virginia University Hospitals, Inc., et al. The case number is 13-C-53. The persons who filed this Lawsuit is called the Plaintiff. This Notice explains the Lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get these payments.

2. How Do I Know If I Am Affected By The Settlement?

If you are an individual or entity who paid for medical records from West Virginia University Hospital, between January 18, 2008 and June 5, 2014, you are a member of the Class. Specifically, the Class is defined as (a) any patient who requested medical records in writing from January 18, 2008 and through June 5, 2014; (b) “patient” will include any person who was an authorized agent or representative of patient (this includes anyone who used a medical authorization, including lawyers, insurance companies or any other person or entity who utilized a valid authorization from said patient (other than lawyers associated with Goddard Law, Bordas & Bordas, and Romano Law Office); (c) Fees charged for the records have been paid; and (d) Only the individual or entity who actually paid the fee is a member of the Class.

If the Settlement does not become effective (for example, because it is not finally approved by the Court, or the approval is reversed on appeal), then this litigation will continue to trial.

3. What Is The Lawsuit About?

Two lawsuits against the Defendants were brought pertaining to medical records requests and payment, beginning in or about January 2013 and June 2013. Both lawsuits was brought by Plaintiffs, who alleged that the Defendants violated West Virginia Code § 16-29-1 et seq., by excessively charging to provide copies of patients’ medical records, which overcharging was asserted to be unlawful. Defendants deny any wrongdoing. They contend that they complied with the law in all respects and at all times. The Court has not decided that the Defendants did anything wrong, and the settlement does not mean that the Defendants violated the law, but all Parties have agreed to settle, and the Court has preliminary approved the settlement.

This lawsuit is a class action. A class action is a lawsuit in which the claims and rights of many people are decided in a single court proceeding. One or more people — sometimes called “class representatives”— sue on behalf of people who may have similar claims. All the people who may have similar claims form a “class” and are “class members.” A settlement in a class action — if approved by the Court as fair, reasonable, and adequate — resolves the claims for all class members.

4. What If I’m Still Not Sure If I’m Included In the Settlement?

If you are not sure whether you are included in the Class, call (855) 711-2079 or go to www.WVUMedicalRecordsOvercharge.com.

5. What Can I Get In The Settlement?

Class Members will be eligible to review and submit a claim form created and sent by the Claims Administrator for monetary damages. The Claims Administrator will compute the value of each claim using the actual invoiced amount paid minus $2.08 and adding interest as directed by the Court as part of the Order Granting Joint Motion for Certification of Settlement Class and Preliminary Approval of Settlement. You can read this order on this Settlement Website under the Pleadings and Important Documents tab.

The amount of the payment will depend upon the number of Class Members who participate in the Settlement. If less than 25% of the Class Members file claim forms approved by the Claims Administrator, each participating Class Member will receive 100% of their overcharges and interest, assuming there is sufficient money in the fund to do so. If less than 50%, but more than 25%, of the Class Members file claim forms approved by the Claims Administrator, each participating Class Member will receive 75% of their overcharges and interest, assuming there is sufficient money in the fund to do so. If more than 50% of the Class Members file claim forms approved by the Claims Administrator, each participating Class Member will receive 50% of their overcharges and interest, assuming there is sufficient money in the fund to do so. If there are more approved claims eligible for redemption which, with interest, exceed the maximum settlement fund of $1,440,000.00, then each will receive their proportionate share of the total settlement fund of $1,440,000.00.

The table below sets for the estimated expected payments for each participation threshold possible:

Participation Threshold	Estimated Reimbursement Percentage Rate
0% – 25%	100%
More than 25% – 50%	75%
More than 50% – 100%	If sufficient funds then 50%, otherwise, a Proportionate Share

More information regarding how the Claims Administrator will compute claims payments can be found in the Order Granting Joint Motion for Certification of Settlement Class and Preliminary Approval of Settlement, available on this Settlement Website under the Pleadings and Important Documents tab.

After the Settlement becomes “final”, payments will be sent to Class Members who timely submit their pre-filled Claim Forms (i.e., no later than the Claim Form Deadline) that the Claims Administrator has approved. If the Court confirms the Settlement after a hearing on December 11, 2024, there may be appeals, which is usual, but resolving these appeals can take time. Please be patient.

6. How Do I File a Claim?

If you requested medical records from the Defendants (the “Requester Class Members”),[1] the Claims Administrator will send you a Requester Claim Form by August 9, 2024 with the required information already filled in. Requester Class Members will be asked to (1) indicate whether you paid for the requested medical records and if so you should receive the refund amount as you are the “Owner of the Claim”[2]; (2) confirm your pre-filled contact information; and, if you did not pay for the requested medical records, to (3) provide the contact information of the person/entity (“Other Party”) who paid for the requested medical records and is the “Owner of the Claim”. If you disagree with the pre-filled information, you will be asked to provide additional information on a separate page describing your reasons for disagreeing, proof to support your disagreement, sign, and submit the Claim Form and additional information to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com, or by fax at (205) 716-2364.

If the Requester does not respond within 60 days of receiving the Requester Claim Form, or by October 9, 2024, then the Claims Administrator will (1) send a second Requester Claim Form to the Requester, and (2) also send a pre-filled Patient Claim Form to the patient whose medical records were requested (the “Patient Class Members”). Patient Class Members who confirm that the Patient did not pay for the medical records, and are therefore not the “Owner of the Claim”, do not need to provide anything else to the Claims Administrator. If however the Patient Class Member believes he or she paid for the medical records, he or she will be asked to provide additional information on a separate page describing why they are entitled to the payment and then submit the Claim Form and additional information to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com, or by fax at (205) 716-2364.

If the Requester does respond within 60 days of receiving the Requester Claim Form, or by October 9, 2024, and indicates that there is an “Other Party” who is the “Owner of the Claim”, then the Claims Administrator will send a pre-filled Other Party Claim Form to the person/entity listed by the Requester to the Other Party (the “Other Party Class Members”). Other Party Class Members must complete and submit the Other Party Claim Form to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com, or by fax at (205) 716-2364, to receive payment.

If you are the Owner of the Claim, you must complete and submit the pre-filled Claim Form provided to you by the Claims Administrator, including all signatures, and additional documentation if applicable, no later than May 6, 2025, to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com, or by fax at (205) 716-2364, to receive payment.

The Deadline to Submit a Claim Form may be extended without further direct notice to you so please consult the Settlement Website at www.WVUMedicalRecordsOvercharge.com to be aware of any updates in this case. They will be easily found on the Settlement website..

7. What Is the Difference Between Objecting and Opting Out?

Objecting is telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. If you stay in the Class, you will be legally bound by all orders and judgments of the Court, and you won’t be able to assert claims against the Defendants in any forum that are deemed released by the settlement. Opting out is telling the Court that you don’t want to be part of the Class. If you opt out, you have no basis to object because the case no longer affects you. You cannot both opt out of and object to the Settlement. If a person attempts to do both, the Court will treat the submission as an opt-out.

8. How Do I Opt-Out Of The Settlement?

If you want to keep the right to assert your own claims in this case against the Defendants West Virginia University Hospitals, Inc., and West Virginia United Health System, Inc., then you must Opt Out of the Settlement.

This is called excluding yourself, or Opting Out, of the Settlement Class. If you want to Opt-Out of the Settlement Class, you must submit your Opt-Out Form to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com, or by fax at (205) 716-2364. The Opt-Out Form can be found on the Settlement Website under the Pleadings and Important Documents tab. You may also If you Opt-Out of the Settlement Class, you will not be allowed to object to this Settlement or submit a Claim Form and you will have to file your own case.

You must complete and submit an exclusion form no later than September 8, 2024, to the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com, or by fax at (205) 716-2364.

You may also Opt-Out of the Settlement by completing the Online Opt-Out Form below which requires a valid email address in order to sign and submit. If you do not have a valid email address, please use the form to mail or email listed above.

Online Opt-Out Form

9. Do I Have a Lawyer in the Case?

The Court has designated Goddard Law, Bordas & Bordas, PLLC, and Romano Law Office, LC, to represent you as “Class Counsel.” You will not be charged by these lawyers. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense. If you have engaged counsel to represent you in connection with claims pertaining to this Settlement, you should consult your counsel. Class Counsel will ask the Court to award them $975,000 in Attorneys’ Fees separate from the settlement fund. Class Counsel will not ask the Court to award them case expenses.

10. What Am I Giving Up In Exchange for the Settlement?

If you are a Class Member and the Settlement is ultimately approved, you will be legally bound by all orders and judgments of the Court, and you will also be legally bound to the releases in the Settlement. This means that in exchange for being a Class Member and being eligible for the payments available in the Settlement if you file a claim, you will not be able to sue, continue to sue, or be part of any other lawsuit against Defendants and/or any of the Released Parties that involves the same legal claims as those resolved in this case and Settlement if approved by the Court.

11. How Do I Tell the Court I Don’t Like the Proposed Settlement?

To object to the Settlement, you must send a written objection to the Court showing the basis for your objections. To be effective, an Objection must be in writing and include: (a) a reference to this case, Christopher Thomack and Joseph Michael Jenkins v. West Virginia University Hospitals, Inc. and West Virginia United Health System, Inc., Civil Action No. 13-C-53; (b) provide your name, address, telephone number, and, if available, an email address, and if represented by counsel, your counsel’s name, address, telephone number, email, and West Virginia State Bar number; (c) you or your counsel should also provide a written statement of all grounds for the objection, accompanied by any legal support for such objection; (d) a statement of whether you and/or your counsel intend to appear at the Final Approval Hearing: (e) a statement that you are a member of the Class; (f) if you or your counsel have not submitted other objections to any class action submitted to any court, state or otherwise, in the United States in the previous five years, an affirmative statement that you or your have not done so, or if you or your counsel have submitted other objections in the previous five years, a detailed list of these other objections;  and, (g) the Class Member’s signature, even if the objection is submitted through counsel. This information is material to the Court’s consideration of the Settlement; failure to include this information and documentation may be grounds for overruling and rejecting the objection. Any Class Member who fails to timely submit a written objection prior to the Objection Deadline shall be deemed to have waived their objections, and those objections will not be considered by the Court.

You must send copies of all objections documents you file with the Clerk of the Monongalia Circuit Court, Donna Hidock, Monongalia County Circuit Court, 75 High Street, Suite 12, Morgantown, WV 26505.

Any objection must be postmarked on or before the Objection Deadline and sent to the Clerk of the Circuit Court, Donna Hidock, Monongalia County Circuit Court, 75 High Street, Suite 12, Morgantown, WV 26505. The Objection Deadline may be extended without further direct notice to you, but you can consult the Settlement Website at www.WVUMedicalRecordsOvercharge.com. Please continue to check the Settlement Website for updates.

You can also ask the Court to disapprove Class Counsel’s request for Attorneys’ Fees if you believe it is not appropriate.

You may also appear at the Final Approval Hearing, either in person or through your own attorney. If you appear through your own attorney, you are responsible for paying that attorney. If you want to raise an objection to the Settlement at the Final Approval Hearing, you must submit that objection in writing, by the Objection Deadline, which is September 8, 2024, unless extended, to the Clerk of the Circuit Court, Donna Hidock, Monongalia County Circuity Court, 75 High Street, Suite 12, Morgantown, WV 26505.

If you fail to comply with these requirements or fail to submit your Objection and statement of intention to appear by the deadline September 8, 2024, unless extended, you may be deemed to have waived all objections and may not be entitled to speak at the Final Approval Hearing on December 11, 2024.

You do not need to appear at the Final Approval Hearing to have your objections considered. If you have no objection, you do not need to take any other action to indicate your approval of the Settlement Agreement.

12. When Will The Court Decide If The Settlement Is Approved?

The Court will hold a hearing on December 11, 2024, to determine whether to approve the Settlement. 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. The address is 75 High Street, Suite 12, Morgantown, West Virginia 26505. This hearing date may change without further direct notice to you.

The hearing is open to the public. This hearing date may change without further notice to you. Consult this Settlement Website at www.WVUMedicalRecordsOvercharge.com.

13. How Do I Get More Information?

You can inspect many of the Court documents connected with this case on the Settlement Website: www.WVUMedicalRecordsOvercharge.com.

You can contact the Claims Administrator by mail at 501 Riverchase Parkway East, Suite 100, Hoover, AL 35244, by telephone at (855) 711-2079, or by email at WVUMedicalRecordsOvercharge@gtandslaw.com.

You can also obtain additional information by contacting Class Counsel:

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

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[1] “Requester Class Members” are persons or entities who requested the medical records in writing from WVU Hospital, for themselves or for someone else such as a lawyer for a client, or an insurance company who had an authorization to release medical records.

[2] “Owner of the Claim” is the person or entity who actually paid WVU Hospital for the medical records, including anyone who reimbursed the initial payor for the medical records.