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 District of Columbia Superior Court (the "Court"). The Notice is provided by Order of the Court.
A settlement has 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.
This Settlement arises from two lawsuits filed in District of Columbia Superior Court which allege that ChartOne overcharged persons who requested copies of their medical records (either directly or through a lawyer). The two cases are: Ford v. ChartOne, Inc., Case No. 02-CA-7111 (filed as a class action) and Peter Petersan et al. v. ChartOne, Inc., Case No. 03-CA-8328 (filed as a representative action under the District of Columbia consumer protection statute). ChartOne denies that it overcharged anyone, but wishes to settle the cases.
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 Ford Class Representatives and all other Persons who, at any time between August 7, 1999 and the date this case is terminated, made a request, either directly or through an authorized representative, for a copy of their health care records and for whom an invoice was generated from ChartOne where the charge was in excess of the then applicable rate for medical records set by the Maryland Legislature as set forth in the Annotated Code of Maryland, Health (General) Article, section 4-304 (and with no clerical or preparation fee for patients who requested their records directly rather than through a lawyer on or after April 14, 2003). 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 the Settlement Hearing.
Each Settlement Class Member who submitted a valid and timely claim to the Class Administrator shall be paid $15.00 per occurrence.
Going forward, ChartOne has also agreed to reduce the rates it charges persons who request copies of their medical records either (directly or through an attorney) to no more than (a) the applicable rate for medical records set forth in the Ann. Code of Md., Health (General) § 4-304, or (b) by federal regulations at Title 45 of the Code of Federal Regulations, section 164.524 if the patient requests the records directly (i.e., not through a lawyer).
In exchange for the benefits described above, any Class Member who did not opt-out of the Class shall be deemed to have for himself or herself and for his or her assigns, agents, attorneys, and heirs, jointly and severally, expressly released and Released Health Care Providers, and each of their legal representatives, officers, directors, shareholders, assigns, agents, predecessors, subsidiaries, and successors, jointly and severally, from all and every manner of claim, demand, and cause of action whatsoever nature, relating to any fees charged or assessed by ChartOne for the retrieval, photocopying, handling, and mailing of health care records pursuant to a request from that Class Member or that Class Member’s agent, including but not limited to an attorney representing that Class Member, which claim, demand, or cause of action exists or may exist as of the Effective Date of the Settlement Agreement.
The deadline for Class Members to exclude themselves was October 30, 2007.
The deadline for Class Members to object or comment on the Settlement was October 30, 2007.
The deadline for Class Members to submit a Claim Form was January 31, 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.
Julian Ford, Deborah Longus, and Peter Petersan are the Ford Class Representatives who represent the interests of Class Members in this litigation. The named plaintiffs and the Settlement Class are represented by:
William Claiborne
717 D St. NW Ste. 210
Washington, DC 20004
and
Sean R. Day
8505 Baltimore Ave., Ste. B
College Park, MD 20740
If eligible, members of the Settlement Class may participate without incurring any legal fees. In connection with the Settlement Hearing on January 11, 2008, ChartOne has also agreed under the Settlement Agreement to pay the costs of mailing notice and paying claims, pay the three Representative Plaintiffs $2,000 each, pay plaintiffs’ attorneys legal fees of $219,000, and pay half the cost of administering the claims process. The attorneys' fees and costs and the incentive awards are subject to Court approval.
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. The Settlement documents and other documents filed in the case can be viewed at the Office of the Clerk, District of Columbia Superior Court, 500 Indiana Ave., N.W., Washington, D.C. 20001 during normal court hours. The Settlement Agreement and Preliminary Approval Order are available online on this website. Please do not contact the Court for information.
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