Kasher Law Group, LLC v. Ciox Health, LLC Superior Court of New Jersey, Camden County, No. CAM-L-004719-17
THIS CARD ONLY PROVIDES LIMITED INFORMATION ABOUT THIS SETTLEMENT
LIMITED INFORMATION ABOUT THIS SETTLEMENT Your rights may be affected by a proposed class action Settlement of claims against Ciox Health, LLC. The Settlement would resolve a class action lawsuit in which Plaintiff alleges that Ciox violated the law by overcharging persons who requested copies of New Jersey hospital medical records and received those records in electronic form (i.e., via CD, email, or online portal) rather than on paper. Specifically, Plaintiff alleges that Ciox’s fees for providing copies of such medical records exceeded the limits set forth in N.J.A.C. 8:43G-15.3(d). Plaintiff brought suit on its own behalf and on behalf of all persons or entities who are patients, patients’ spouses, patients’ domestic partners, patients’ civil union partners, patients’ immediate next of kin, patients’ legal guardians, or patients’ attorneys for whom Ciox fulfilled a request for medical records relating to that patient between January 1, 2016 and December 5, 2019 on behalf of a hospital (as that term is defined in N.J.A.C. § 8:43G-1.2) licensed by the New Jersey Department of Health, paid fees for those medical records to Ciox, and received those medical records from Ciox in electronic form (i.e., via CD, email, or online portal) rather than on paper. Ciox denies any wrongdoing and specifically denies the claims and allegations asserted by Plaintiff. You received this Notice because Ciox’s records indicate that you may be a member of the Settlement Class. The Settlement provides that members of the Settlement Class who timely submit valid claims deemed eligible under the terms of the Settlement Agreement will receive a partial refund of any amounts actually paid to Ciox in exchange for medical records received in electronic form (i.e., via CD, email, or online portal) rather than on paper, via a single check in an amount calculated as follows: 100% of any payment in excess of $30 per copy of medical records relating to the patient. In addition, Ciox has also agreed to pay an incentive award to the named plaintiff and an award of statutory attorney’s fees and costs to class counsel, subject to Court approval, based on class counsel’s current lodestar. Ciox will also pay the costs of administrating the Settlement. All claims are subject to a settlement cap – if the total amount of Class Claims, Incentive Award, Class Counsel’s Attorneys’ Fees and Costs, and Administrator Costs exceeds $560,000.00, valid Class Claims shall be paid on a pro rata basis. To receive a payment, you must timely complete a Claim Form and submit it to the administrator electronically no later than April 30, 2020, or by mail postmarked no later than April 30, 2020. You may obtain complete information about the Settlement (including the Class Notice and Claim Form) and deadlines by visiting the Settlement Website at www.NJRecordsRequestSettlement.com, telephoning 1-888-670-1021, or writing the claims administrator at Kasher Law Group, LLC v. Ciox Health, LLC, Class Action Settlement, P.O. Box 2002, Chanhassen, MN, 55317-2002. If you do not wish to be a part of this Settlement, you may exclude yourself. If you do not exclude yourself, you will be bound by the Settlement and all Orders of the court. As a result, you will no longer be able to sue or continue to sue Ciox about the claims in the Settlement. To request exclusion, you must mail your request in writing, postmarked no later than March 20, 2020, to Class Counsel, Stephen DeNittis at DeNittis Osefchen Prince, P.C., 525 Route 73 N., Suite 410, Marlton, NJ 08053, and Defendant’s Counsel, Stephen M. Orlofsky at Blank Rome LLP, 300 Carnegie Center, Suite 220, Princeton, NJ 08540. The Court, located at Camden County Hall of Justice, 101 South Fifth Street, Camden, NJ 08103, will conduct a hearing on whether to approve the Settlement on March 30, 2020, and if so, determine what amount of fees and expenses should be awarded to class counsel and the class representatives. If you wish, you or your own lawyer may ask to appear and speak at the hearing at your own cost. You may object to the Settlement in advance of that hearing by following the procedure set forth in the Class Notice. Your objection must be received by March 20, 2020.
You may obtain complete information about the Settlement (including the Class Notice and Claim Form) and deadlines by visiting the Settlement Website at www.NJRecordsRequestSettlement.com, telephoning 1-888-670-1021