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This settlement is closed!
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A settlement has been reached in a class action lawsuit alleging Hycare Inc. operates several skilled nursing facilities that failed to meet California’s nurse staffing requirements between Sept. 12, 2008 and Nov. 1, 2015. If you or a loved one resided at any of the following facilities during this time, you may be entitled to compensation from this class action settlement:
- Kyakameena Care Center, aka Kyakameena Sanitorium
- Elmwood Care Center
- Red Bluff Health Care Center
- San Leandro Health Care Center
- Willow Pass Health Care Center
- Jones Convalescent Hospital
The Hycare defendants deny all wrongdoing alleged in the class action lawsuit, but agreed to a settlement to avoid the burden, expense and risk of litigation.
The defendants have agreed to pay $3 million to settle the Hycare class action lawsuit. Under the terms of the nurse staffing class action lawsuit, Hycare will offer cash benefits to eligible Class Members and comply with applicable nurse staffing requirements. A court-approved monitor will oversee Hycare’s compliance with this injunction, and Hycare will pay all of the monitoring costs.
The Hycare class action settlement received preliminary approval on Dec. 22, 2015.
Class Members who wish to object to or opt out of this Hycare skilled nursing facilities settlement must do so no later than March 21, 2016.
Who’s Eligible
Class Members include anyone who resided in one of the following facilities in California between Sept. 12, 2008 and Nov. 1, 2015, or their successors (if a Class Member has died):
- Kyakameena Care Center, aka Kyakameena Sanitorium
- Elmwood Care Center
- Red Bluff Health Care Center
- San Leandro Health Care Center
- Willow Pass Health Care Center
- Jones Convalescent Hospital
Potential Award
The payment each Class Member is eligible to receive from the settlement depends on the total cash funds that are available for distribution and the total number of claimants.
As an example, the settlement website suggests that if $1.5 million is available for distribution and there are a total of 7,500 Class Members who file claims (or who are automatically eligible for payment), each Class Member will receive approximately $200. This amount is for illustration purposes only and not an estimate of how much money Class Members can expect to receive from the settlement.
Proof of Purchase
Former residents and Successor Class Members must file a Claim Form to be eligible for benefits from the Hycare class action settlement. Class Members who resided in one of the listed facilities as of Nov. 1, 2015 do not need to file a claim, as they will automatically receive payment.
Successor Class Members must also submit a completed Probate Form and a copy of the resident’s death certificate. The Probate Form (PDF) is available here.
Claim Form
Claim Form Deadline
03/21/2016
NOTE: Class Members who resided in one of the listed facilities as of Nov. 1, 2015 will automatically receive a cash payment without the need to submit a Claim Form.
Case Name
Bonita Regina, et al. v. Hycare Inc., et al., Case No. RG12647573, in the Superior Court of the State of California, County of Alameda
Final Hearing
04/15/2016
Settlement Website
www.HycareFacilitiesSettlement.com
Claims Administrator
Regina v. Hycare Inc. Settlement Administrator
c/o Gilardi & Co. LLC
P.O. Box 30203
College Station, TX 77842-9915
1-877-255-2662
Class Counsel
STEBNER AND ASSOCIATES
LAW OFFICES OF MICHAEL D. THAMER
THE ARNS LAW FIRM
DENTONS US LLP
JANSON MALLOY LLP
Defense Counsel
BEACH COWDREY OWEN LLP
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