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This settlement is closed!
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Emeritus Corp. has agreed to pay $13 million to settle a class action lawsuit filed on behalf of residents of assisted living communities operated by Emeritus, alleging the company made misleading statements about its services, leading the plaintiffs to pay for additional services they did not actually receive. If you resided at a California assisted living facility owned and/or operated by Emeritus from July 29, 2009 through May 15, 2015, you could be entitled to a cash payment from the Emeritus assisted living class action settlement.
The Emeritus assisted living class action lawsuit alleged Emeritus made misleading statements about its computerized resident evaluation system and its role in providing sufficient staffing and care for residents, resulting in the plaintiffs paying more for additional services they did not receive under their contractual arrangements with Emeritus.
Emeritus denies the allegations but has agreed to settle the class action lawsuit to avoid the burden and expense of ongoing litigation. The settlement will resolve allegations that Emeritus misinformed residents at more than 70 assisted living facilities throughout California that its staffing levels and charges for individual care were determined by “state of the art” assessments, even though the company allegedly based its staffing decisions on profit goals and labor budgets.
Who’s Eligible
Class Members of the Emeritus assisted living settlement include anyone who resided at one of Emeritus’ assisted living facilities in California between July 29, 2009 and May 15, 2015, and contracted for services for which Emeritus was paid money.
Potential Award
Varies. According to the Emeritus settlement notice, the payment each Class Member will receive is based on the following formula: “The sum of the move-in fee and initial month’s rent for the Class Member divided by the total amount of move-in fees and initial monthly rent payments for all Class Members … which is then multiplied by the Net Settlement Fund to calculate the cash payment amount.” The amount each Class Member receives may be increased if funds are available.
Proof of Purchase
N/A
If Class Member Is Deceased
Claim Form Deadline
N/A. Eligible Class Members will automatically receive a payment. If your address has changed, you must provide your new address to the Settlement Administrator.
If the Class Member is deceased, his or her legal successor must submit a payment request and supporting documentation to the Settlement Administrator.
Case Name
Arville Winans v. Emeritius Corp., Case No. 3:13-cv-03962, in the U.S. District Court for the Northern District of California, San Francisco Division
Final Hearing
9/25/2015
Settlement Website
www.AssistedLivingSettlement.com
Claims Administrator
Winans v. Emeritus Corp. Settlement Administrator
c/o Gilardi & Co. LLC
P.O. Box 8060
San Rafael, CA 94912-8060
1-877-255-1011
Class Counsel
SCHNEIDER WALLACE COTTRELL KONECKY LLP
STEBNER & ASSOCIATES
Defense Counsel
SKADDEN ARPS SLATE MEAGHER & FLOM LLP
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5 thoughts onEmeritus Assisted Living Class Action Settlement
See Emeritus {now Brookdale} Class Action Settlement
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I’m a former employee of Brookdale. They are doing what emeritus is doing. Promising things to residents and not giving the residents what they pay for. Emeritus is still on the paper work they are working hand and hand with Brookdale shady dealings.
I’m a former employee of Brookdale. They are doing what emeritus is doing. Promising things to residents and not giving the residents what they pay for. Emeritus is still on the paper work they are working hand and hand with Brookdale shady dealings.
My mother was a resident of Emeritus which was bought out by Brookdale Senior Living. I have a feeling the same type of fraudulent fees are being charged by Brookdale. For instance, Mom was recently diagnosed with Diabetes Type 2 and placed on a carb-restricted diet. Because it says that on the doctor report, they charge us $147 per month for a carb controlled diet. The problem is, they do not control her diet. She is offered the daily menu and makes her selection. She does not understand nutrients so orders her favorites. When I asked why she was allowed to do that, their answer was (as it is for many things) it is her choice. So frustrated.
Brookdale is lying thru their teeth with me, and I know they made my husbands condition worse (alzheimers) by grilling him about our finances. They took advantage of me, sat me down and swore up and down how much i would pay for 6 month move in special.I asked the woman if their was going to be any other charges, she insisted there would be none. I found out 4 months later, when HUGE BILLS for 9,000 thousand 15 thousand started showing up in my mailbox, that she neglected to give me certain paperwork that i should have recieved the day my husband came there. If i would have seen those papers, I NEVER EVER would have considered them. We went into financial ruin bc of them. Now they are attempting to sue us for services he never needed, totally ignoring the move in special, saying I owe the full total for the 6 months. It is a full out lie. And my husbands condition is worse, along with my health that has become critical due to the stress and harrassement from BROOKDALE. I want to press charges against them. But i cant do it alone.