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This settlement is closed!
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Those who paid Sutter Health for acute care hospital services and ancillary products in California may be able to benefit from a $575 million class action settlement.
The Class is made up of all self-funded payors that are citizens of California for purposes of 28 U.S.C. § 1332(d) or arms of the state of California and compensated Sutter Health for general acute care hospital services or ancillary products:
- For services between Jan. 1, 2003, and July 25, 2016, at prices set by contracts between Sutter and Aetna
- For services between Jan. 1, 2003, and Dec. 31, 2016, at prices set by contracts between Sutter and Anthem
- At any time between Jan. 1, 2003, and June 25, 2016, at prices set by contracts between Sutter and Blue Shield
- For services between Jan. 1, 2003, and April 30, 2016, at prices set by contracts between Sutter and Cigna
- At any time between Jan. 1, 2003, and June 30, 2016, at prices set by contracts between Sutter and United Healthcare/PacifiCare
Self-funded payors are entities — such as employers, union benefit trusts, or school districts — that fund a health plan for their members or employees.
Businesses are citizens of California if they are organized under the state’s laws or if their principal place of business is in California. To be included in the Class, claimants must have been a California citizen on April 7, 2014.
Arms of the state of California are governmental entities, such as school districts, fire protection districts, or public universities in the state.
UFCW & Employers Benefit Trust had filed a class action lawsuit in 2014 accusing Sutter Health of imposing “price secrecy, all-or-nothing, and anti-tiering provisions” in its health plan contracts. The company’s restrictive conduct allegedly violated the Cartwright Act and Unfair Competition Law.
The People of the State of California filed a second lawsuit in March 2018, and the cases were consolidated in May 2018.
Payments will be weighted based on the hospital to which the Class Members made payments, in order to account for pricing variances between the hospitals, and on the time period to account for pricing changes over time.
A notice sent to Class Members provides their total relevant payments to Sutter Health, as calculated by a consultant hired by Class counsel.
Class Members may either accept that calculation and provide payment instructions or dispute the calculation and provide data supporting the alternative calculation.
Additionally, Sutter Health has agreed to stop engaging in the alleged contracting practices or similar conduct in the future for 10 years.
Under the terms of the settlement, the plaintiffs are allowed to ask the Court for a three-year extension of the injunction.
A fairness hearing in the Sutter Health settlement is set for July 19, 2021. Anyone who intends to appear at the hearing must notify Class Counsel by July 9, 2021.
The deadline to file a claim is May 28, 2021.
Who’s Eligible
All self-funded payors that are citizens of California for purposes of 28 U.S.C. § 1332(d) or arms of the state of California and compensated Sutter Health for general acute care hospital services or ancillary products:
- For services between Jan. 1, 2003, and July 25, 2016, at prices set by contracts between Sutter and Aetna
- For services between Jan. 1, 2003, and Dec. 31, 2016, at prices set by contracts between Sutter and Anthem
- At any time between Jan. 1, 2003, and June 25, 2016, at prices set by contracts between Sutter and Blue Shield
- For services between Jan. 1, 2003, and April 30, 2016, at prices set by contracts between Sutter and Cigna
- At any time between Jan. 1, 2003, and June 30, 2016, at prices set by contracts between Sutter and United Healthcare/PacifiCare
Potential Award
Varies.
- Payments will be weighted based on the hospital to which the Class Members made payments, in order to account for pricing variances between the hospitals, and on the time period to account for pricing changes over time.
- A notice sent to Class Members provides their total relevant payments to Sutter Health, as calculated by a consultant hired by Class counsel. Class Members may either accept that calculation and provide payment instructions or dispute the calculation and provide data supporting the alternative calculation.
Proof of Purchase
No proof of purchase is necessary.
However, Class Members who want to dispute the amount calculated on in their claims package must file a dispute form with supporting data.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
05/28/2021
Case Name
UFCW & Employers Benefit Trust, et al. v. Sutter Health, et al., Case No. CGC 14-538451, consolidated with People of the State of California, ex. Rel. Xavier Becerra v. Sutter Health, Case No. CGC-18-565398, in the Superior Court of the State of California, County of San Francisco
Final Hearing
07/19/2021
Settlement Website
Claims Administrator
UFCW & Employers Benefit Trust v. Sutter Health
c/o Administrator
P.O. Box 6389
Portland, OR 97228-6389
1-866-828-2466
info@SutterHealthLawsuit.com
Class Counsel
Richard L. Grossman
Philip L. Pillsbury Jr.
PILLSBURY & COLEMAN LLP
Christopher C. Wheeler
FARELLA BRAUN + MARTEL LLP
Daniel A. Small
COHEN MILSTEIN SELLERS & TOLL PLLC
Daniel G. Bird
KELLOGG HANSEN TODD FIGEL & FREDERICK PLLC
Steven L. Stemerman
Sarah Grossman-Swenson
MCCRACKEN, STEMERMAN & HOLSBERRY LLP
Defense Counsel
JONES DAY
KEKER VAN NEST & PETERS LLP
BARTKO, ZANKEL, BUNZEL & MILLER
Read About More Class Action Lawsuits & Class Action Settlements:
8 thoughts onSutter Health $575M Hospital Services Class Action Settlement
The UFCW v Sutter Health class action website has an update on their home page. Click on the Settlement Website link noted in this TCA article to view. I am not a class action claimant, but a UFCW member and wish the brotherhood congrats on their claim.
“Relevant Payment Notices were mailed on November 5, 2021.”
Any updates on payments?
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