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This notice may affect your rights. Please read it carefully
A court has authorized this notice. This is not a solicitation from a lawyer.
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YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT |
DEADLINE |
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Submit a Claim Form |
To receive a payment under this Settlement, you must submit a Claim Form by the Claim Form Deadline. |
June 21, 2024 |
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Opt-Out |
Get out of the lawsuit and the Settlement. This is the only option that allows you ever to bring or join another lawsuit raising the same legal claims against the Defendants. You will receive no payment from this Settlement. |
June 21, 2024 |
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File Objection |
Write to the Court about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. If you object to any aspect of the Settlement, you must submit a written Objection by the Objection Deadline. |
June 21, 2024 |
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Go to a Hearing |
Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must first submit a written Objection by the Objection Deadline noted above.) |
August 15, 2024 |
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Do Nothing |
You will not receive any payment; also, you will have no right to sue later for the claims released by the Settlement. |
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- These rights and options--and the deadlines to exercise them--are explained in this notice.
- The Court still must decide whether to approve the Settlement. Payments will be sent to Settlement Class members only if the Settlement Class members make valid claims and the Court approves the Settlement. If there are appeals, payments will not be made until the appeals are resolved and the Settlement becomes effective. Please be patient.
- Fairness Hearing. On August 15, 2024 at 3:00 pm, the Court will hold a hearing to determine: (i) whether the proposed Settlement is fair, reasonable, and adequate and should receive final approval; (ii) whether the Claims of the Settlement Class against the Defendants should be dismissed with prejudice; (iii) whether Class Counsel’s application for a fee award and expenses should be granted; and (iv) whether the application for the incentive award payments to the named plaintiffs should be granted. The Fairness Hearing will be held at the Waukesha County Circuit Court, 15 W. Moreland Blvd., Waukesha, WI 53188 (the “Court”), in the courtroom of the Honorable Michael Aprahamian, which is located in Branch 9. This Fairness Hearing date may change without further notice to you. Consult the Key Dates section, or the Court docket in this case, Hammetter et. al v. Verisma Systems, Inc., et. al, Waukesha County Case No. 2017CV768, for updated information on the Fairness Hearing date and time.
- This notice concerns cases called Hammetter et. al v. Verisma Systems, Inc., et. al, Waukesha County Case No. 2017CV768; Geniesse v. St. Joseph’s Community Hospital of West Bend, Inc., Waukesha County Case No. 21-CV-1779; Healy v. Community Memorial Hospital of Menomonee Falls, Inc., Waukesha County Case No. 21-CV-1752; and Wagner-Martin et al. v. Froedtert & The Medical College of Wisconsin Community Physicians, Inc., Waukesha County Case No. 21-CV-1751 (together, the “Lawsuits”).
- A class action settlement in the Lawsuits will resolve the Settlement Class’s claims against Froedtert Memorial Lutheran Hospital, Inc.; Community Memorial Hospital of Menomonee Falls, Inc; St. Joseph’s Community Hospital of West Bend, Inc.; and Froedtert & The Medical College of Wisconsin Community Physicians, Inc. (“Defendants”).
- This settlement affects all persons or entities who, after July 1, 2011 (1) either requested his or her own health care records, authorized another in writing to obtain his or her health care records, or was authorized in writing by a patient to request and obtain the patient’s health care records from Defendants; (2) was charged and paid a certification and/or retrieval fee (the “Settlement Class”). Please see below for specific definitions and exclusions relating to the Settlement Class criteria.
- The Lawsuits contend that the Defendants charged certification and/or retrieval fees when not permitted by Wisconsin law. The Lawsuits seek return of those certification and retrieval fees, exemplary damages, and certain other remedies (the “Claims”).
- Defendants deny liability.
- To settle the case, Defendants have agreed to pay each Settlement Class member who submits a Valid Claim according to the following multipliers:
- For invoice dates between July 1, 2011 and November 30, 2015, an amount equal to 4.5 times the certification and/or retrieval fees paid;
- For invoice dates between December 1, 2015, and May 3, 2017, an amount equal to the certification and/or retrieval fees paid;
- For invoice dates on and after May 4, 2017, an amount equal to 6.25 times the certification and/or retrieval fees paid.
- Defendants will provide funds up to $4,940,808.80 to pay all Valid Claims.
- Defendants have also agreed to pay incentive payments of $15,000 each to Derrick Hammetter and Antoinette Vinkavich, $7,500 each to Jennifer Wagner-Martin and Joey Rozanski, and $5,000 each to Frank Geniesse and James Healy for serving as Plaintiffs in the Lawsuits.
- Defendants have also agreed to pay for the costs associated with the administration of the case, including the claims process described below.
- Cannon & Dunphy, the lawyers who brought the Lawsuit (“Class Counsel”), will ask the Court for $1,482,242.64 in attorneys’ fees and $66,403.25 in expenses, which will be paid separately by Defendants.
- Your legal rights are affected whether you act or do not act. Read this notice carefully.
PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.