BRANDI
HOWARD, ET
AL
NUMBER: 455,488-A
VERSUS
FIRST JUDICIAL DISTRICT COURT
WILLIS-KNIGHTON MEDICAL
CENTER
CADDO PARISH, LOUISIANA
NOTICE OF CLASS ACTION
THIS IS TO
NOTIFY YOU THAT THE ABOVE LAWSUIT HAS BEEN CERTIFIED AS A CLASS
ACTION, THAT YOU HAVE BEEN IDENTIFIED AS A PROBABLE MEMBER OF
THE CLASS AND THAT YOU HAVE CERTAIN RIGHTS INCLUDING THE RIGHT
TO BE EXCLUDED FROM THE CLASS.
THIS NOTICE
EXPLAINS:
A. The
Lawsuit and the Relief Sought,
B.
Your Rights as a Class Member,
C.
Names and Addresses of Class Representatives,
D.
Name and Address of Class Counsel.
A.
The Lawsuit and the Relief Sought
A class action
lawsuit was filed on January 10, 2001, alleging that
Willis-Knighton Medical Center (“Willis-Knighton”) improperly
utilized the Louisiana Hospital Lien Statute, La. R.S. 9:4752 et
seq, to collect medical bills incurred by class members when it
should have submitted those medical bills to each class member’s
hospitalization insurer. Plaintiffs claim that Willis-Knighton
violated Louisiana law by use of the Hospital Lien Statute to
recover charges related to treatment Willis-Knighton provided to
you as a result of your being involved in a motor vehicle or
other accident. Willis-Knighton denies that its actions were in
violation of Louisiana law. The court has certified two (2)
sub-classes as follows:
All of those
persons who were covered by Health Insurance, but who on or
after January 1, 1999, through the date of class certification
nonetheless paid the full charges as reflected in Defendant’s
Charge Master for medical services provided by Defendant or paid
more than the reimbursement amount authorized by that Class
Member’s Health Insurer. The Health Insurers for the persons in
this Subclass were not billed by defendant for the medical
services provided to those persons in this Subclass.
All of those
persons who were covered by Health Insurance from whom Defendant
has demanded on or after January 1, 1999, through the date of
class certification full payment in accordance with Defendant’s
Charge Master for medical services provided by Defendant or has
demanded more than the reimbursement amount authorized by that
Class Member’s Health Insurer but which have not paid the
charges. The Health Insurers for the persons in this Subclass
were not billed by defendant for the medical services provided
to those persons in this Subclass.
Each person in
each Subclass has received medical treatment at one of
Defendant’s facilities as a result of your being involved in a
motor vehicle or other accident and has been subjected to a
hospital lien by the Defendant pursuant to La. R.S. 9:4752 et
seq. Health Insurance when used in these subclasses means any
insurance policy, employer benefit plan, Health Maintenance
Organization (HMO), or the like, which provides for the payment
of medical bills on behalf of the Class Member, with the
exception of Medicare or Medicaid coverage. Health Insurer
means a person providing Health Insurance.
All members of
the Federal Judiciary and the judiciary of the State of
Louisiana, as well as their spouses and any person within the
third degree of relationship to either of them, or the spouse of
such a person shall be excluded from each subclass.
Plaintiffs are
asking the court to order Willis-Knighton to return all monies
collected through the Lien Statute and to prohibit
Willis-Knighton from filing liens against persons who have
hospitalization insurance. Willis-Knighton contends that its
actions were proper and legal and will ask the court to dismiss
the lawsuit. The merits of the matter have not been decided and
will ultimately be decided by the court or by a jury.
B.
Your Rights as a Class Member
You have been
identified as a probable class member. To be included as a
member of the class, you need not do anything at all. If you
do not wish to be included in this class action, you must write
class counsel at the address below within forty-five (45) days
of the postmark of this notice, and state that you want to be
excluded from the class. Also, if you do not wish to be
included in the class, you may be excluded by going to
www.pwbh.com and complete an exclusion form online and
submit it through the website within forty-five (45) days of the
postmark of this notice or you may download an exclusion form
and send it to Class Counsel within forty-five (45) days of the
postmark of this notice. If you choose to be excluded from
the class, you will be forever barred from making any claim
under this class action. However, you will have the right to
bring an individual lawsuit on your own behalf against the
defendant if you bring it within the time allowed by law.
Please
remember that you have the right to confer with and to obtain
your own attorney to represent you in this matter. If you want
to intervene or appear through your own attorney, you must do so
within forty-five (45) days of the postmark of this class
notice.
Otherwise, you
will be represented by Class Counsel in all further court
proceedings. You will not be billed for this representation.
If the class is successful, attorneys’ fees may be awarded by
the court but, as a class member, you will have no personal
responsibility to pay attorneys’ fees.
If you are not
excluded from this class, you will be bound by the judgment in
this case, whether favorable or not.
You may be
required as a condition of participation in any recovery through
settlement or trial to present evidence respecting your
membership in the Subclass, and the monetary relief to which you
are entitled. You should, therefore preserve documents
reflecting any health conditions and/or treatment by or services
received at a Willis-Knighton facility. However, if you do not
have any of the documentation discussed above, this does not
necessarily prohibit you from participating in the recovery or
from being a member of the Subclass. You are also requested to
notify Class Counsel of any corrections or changes in your name
or address.
C.
Names and Addresses of Class Representatives
The class
representatives are:
Donna Atkins
and Bessie Tyler
c/o Peters,
Ward, Bright & Hennessy
P. O. Box 91
Shreveport,
LA 71161-0091
D.
Class Counsel in this matter are:
J. Patrick
Hennessy
Alan Stegall
Keith M. Welch
Any inquiries
concerning this matter should be submitted in writing to:
J. Patrick
Hennessy
Peters, Ward,
Bright & Hennessy
401 Edwards
Street, Suite 1100
P. O. Box 91
Shreveport,
LA 71161-0091
wkclassaction@pwbh.com
The record of
this matter is available for inspection in the offices of the
Caddo Parish Clerk of Court, 103 Courthouse, 501 Texas Street,
Shreveport, Louisiana 71101, during normal business hours.
Please do not call the judge or the clerk of court; they will
not be able to give you any information or any advice concerning
this lawsuit.