LEGAL NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
BY ORDER OF THE COURT
YOU MAY BE ENTITLED TO A REFUND IF YOU ARE:
A New Jersey attorney or law firm, who, between March 11, 2013 to the present:
a. Paid a ComprehensiveOrthopedics bill for copies of client medical records
which imposed a $10 “search fee” on the purchase of over 10 pages of
b. Paid a Comprehensive Orthopedics bill for copies of client medical records
which imposed a fee higher than $100; and
c. Who have not been reimbursed for that payment.
WHAT IS THIS NOTICE ABOUT? This notice is to inform you about a class action lawsuit, captioned Gill & Chamas, LLC v. Comprehensive Orthopaedics, P.A., Docket No. MID-L-2021-19, which was filed in the Superior Court of New Jersey, Middlesex County (the “Action”), on behalf of New Jersey attorneys and law firms who paid a Comprehensive Orthopaedics bill for copies of client medical records which imposed 1) a $10 “search fee” on the purchase of over 10 pages of records; and/or 2) a fee higher than $100. The complaint alleged that the fees charged by Defendant for such medical records exceeded the limits set forth in N.J.A.C. § 13:35-6.5(c)(4). Defendant denies any wrongdoing and deny the claims and allegations asserted by Plaintiff. The parties nevertheless have agreed to settle the Action.
WHY SHOULD I READ THIS NOTICE? You may be a member of the Settlement Class. The parties have proposed a settlement of the Action (the “Settlement”), which has been preliminarily approved by the Court. If the Settlement receives final approval from the Court, your legal rights may be affected. This notice describes what the Action is about, explains the terms of the Settlement, tells you who would be covered and what legal claims would be resolved by the Settlement, if approved by the Court, and explains how members of the Settlement Class can obtain benefits under the Settlement, if approved by the Court. 2
AM I COVERED BY THIS CLASS ACTION LAWSUIT AND THE PROPOSED SETTLEMENT? You are a member of the Settlement Class if you are a New Jersey attorney or law firm, who, between March 11, 2013 to the present: 1) Paid a Comprehensive Orthopaedics bill for copies of client medical records which imposed a $10 “search fee” on the purchase of over 10 pages of records; and/or 2) Paid a Comprehensive Orthopaedics bill for copies of client medical records which imposed a fee higher than $100; and you have not been reimbursed for that payment. You can obtain more information about the Settlement Class and Settlement by downloading the signed Settlement Agreement link below. .
WHAT ARE THE TERMS OF THE SETTLEMENT? The proposed Settlement provides that members of the Settlement Class will automatically receive a refund of 100% of any fee paid in excess of the amounts authorized by N.J.A.C. § 13:35-6.5(c)(4), without the need to submit a claim form.
In addition, Defendant has agreed to pay an incentive award of $1,000.00 to the named plaintiff and statutory attorney’s fees and costs to Class Counsel in the amount of $40,327.65, subject to Court approval, based on Class Counsel’s current lodestar. Defendant will also bear the costs of administering the Settlement up to $6,000.
In return, upon the Effective Date, each and every Class Member shall be deemed to have released each and every Released Party, and the Released Parties shall be released and forever discharged from any and all claims, causes of action, demands, rights, actions, suits, and requests for equitable, legal and administrative relief of any kind or nature whatsoever arising from or relating to the facts alleged in the complaint in this Action, whether known or unknown, asserted or unasserted, that any Class Member ever had, could have had, now has, or can, shall or may have up to the date of the Order for Final Approval of this settlement.
The foregoing is a summary of the basic terms of the Settlement. The full terms of the Settlement are set forth in a Settlement Agreement that can be obtained by emailing counsel at email@example.com.
WHAT ARE MY RIGHTS? If you are a member of the Settlement Class and wish to participate in the Settlement, you need do nothing. Within 45 days of the Effective Day of Final Approval of the Settlement you will receive a check for the full amount you were allegedly overcharged. Checks will be negotiable for 90 days from the date of issue and must be cashed within that time. Checks not cashed within that time will be null and void and not subject to reissue.
If you are a member of the Settlement Class and you do NOT want to remain part of the Settlement Class, you may exclude yourself (“opt-out”). To opt-out, you must mail a written request, postage pre-paid, to Class Counsel Stephen DeNittis at DeNittis Osefchen Prince, P.C., 5 Greentree Centre, 525 Route 73 N., Suite 410, Marlton, NJ 08053, and Defendant’s Counsel, Michelle L. Greenberg Esq. at Frier Levitt, LLC, 84 Bloomfield Avenue, Pine Brook, NJ 07058. The request must be post-marked on or before August 18, 2020, and contain: the name of the Action; your full name, current address and phone number; your signature; and a specific statement that you intend to exclude yourself from the Settlement Class and any judgment entered pursuant to the proposed Settlement. No request for exclusion will be honored as valid claims unless all of the prerequisites described herein are adhered to in full. If you do not opt out as instructed above, you will be automatically included and bound by any determination of the Court, whether favorable or not, and any claim of yours will be ended by judgment and permanently released.
You may also file a motion with the Court for permission to intervene in this Action if you wish. You do not have to intervene. If you do not intervene in this case or exclude yourself from the class, your interests will be represented by class counsel. If you do intervene, you will be responsible for your own legal fees.
If you do not opt out of the class, you may object to the proposed Settlement. Any objection to the Settlement must be filed with the Court no later than August 18, 2020, with a copy sent to Class Counsel and Defendant’s Counsel (identified above). Any objection should contain the name of this Action; your full name, current address and telephone number; your signature; proof of your membership in the class; and the specific reason(s) for your objection. Any member of the Settlement Class who fails to object in the manner described herein shall be deemed to have waived his or her objections and shall forever be barred from making any objections in this Action. Please note that you must state ALL the reasons why you object to the Settlement of this Action.
On August 28, 2020, at 9:00am, the Superior Court of New Jersey, Law Division, Middlesex County, the Honorable Bruce J. Kaplan, J.S.C., Middlesex County Courthouse, 56 Paterson St., New Brunswick, NJ 08903, will hold a public telephonic hearing to determine whether the proposed Settlement is fair, adequate, and reasonable and should be approved (the “Fairness Hearing”). The date of the Fairness Hearing may change without further notice to you. Class members who support the proposed Settlement do not need to appear at the Fairness Hearing or take any other action to indicate their approval. Members of the Settlement Class who object to the proposed Settlement are not required to attend the Fairness Hearing. If you want to be heard orally in opposition to the Settlement, either personally or through counsel, you must indicate your intention to appear telephonically at the Fairness Hearing in your written objection and call in on the hearing date to: (732) 645-4316; Meeting No. 88480, Access Code: 6769345.
HOW DO I GET MORE INFORMATION? Further information about the Settlement can be obtained by visiting Class Counsel’s website www.denittislaw.com or by contacting Class Counsel at (856) 797-9951.
PLEASE DO NOT WRITE OR TELEPHONE THE COURT FOR INFORMATION
ABOUT THE PROPOSED SETTLEMENT OR THIS LAWSUIT.
Dated: June 19, 2020
To View the signed Settlement Agreement please click here Fully Signed Settlement Agreement