Froedtert Memorial Lutheran Hospital $4.9M Settlement for Improper Fees

Froedtert Memorial Lutheran Hospital has agreed to pay $4,940,808.80 to settle a class action lawsuit for alleged improper charges of certification and retrieval fees for health care records requests. This settlement affects individuals who requested their own health care records or authorized another person in writing to obtain their health care records from the defendants and were charged and paid a certification and/or retrieval fee.

Who Benefits?: Any person or entity who requested their own health care records or authorized another in writing to obtain their health care records from Froedtert Memorial Lutheran Hospital, Inc.; Community Memorial Hospital of Menomonee Falls, Inc.; St. Joseph’s Community Hospital of West Bend, Inc.; or Froedtert & The Medical College of Wisconsin Community Physicians, Inc. after July 1, 2011, and paid a certification and/or retrieval fee.

How much can I get?: Settlement Class members who submit Valid Claims will receive a Settlement Benefit according to the following multipliers: 4.5 times the certification and/or retrieval fees paid for invoice dates between July 1, 2011, and November 30, 2015; 1 time the certification and/or retrieval fees paid for invoice dates between December 1, 2015, and May 3, 2017; and 6.25 times the certification and/or retrieval fees paid for invoice dates on and after May 4, 2017.

Important Dates

• Deadline to File a Claim: June 21, 2024
• Fairness Hearing: August 15, 2024

Can I Claim an Award?

To be eligible for an award, you must be a member of the Settlement Class. This includes any person or entity who requested their own patient health care provider records or authorized another in writing to obtain their health care provider records from Froedtert Memorial Lutheran Hospital, Inc.; Community Memorial Hospital of Menomonee Falls, Inc.; St. Joseph’s Community Hospital of West Bend, Inc.; or Froedtert & The Medical College of Wisconsin Community Physicians, Inc. after July 1, 2011, and paid a certification and/or retrieval fee charged by Verisma Systems, Inc.

Additionally, you must have paid the certification and/or retrieval fee either directly or indirectly. If you meet these criteria, you are considered a member of the Settlement Class and are eligible to submit a claim for a Settlement Benefit.

• For invoice dates between July 1, 2011, and November 30, 2015, you can receive 4.5 times the certification and/or retrieval fees paid.
• For invoice dates between December 1, 2015, and May 3, 2017, you can receive 1 time the certification and/or retrieval fees paid.
• For invoice dates on and after May 4, 2017, you can receive 6.25 times the certification and/or retrieval fees paid.

What Can I Get in the Settlement?

Settlement Class members who submit Valid Claims will receive a Settlement Benefit according to the following multipliers: 4.5 times the certification and/or retrieval fees paid for invoice dates between July 1, 2011, and November 30, 2015; 1 time the certification and/or retrieval fees paid for invoice dates between December 1, 2015, and May 3, 2017; and 6.25 times the certification and/or retrieval fees paid for invoice dates on and after May 4, 2017.

Defendants will provide funds up to $4,940,808.80 to pay Valid Claims. Valid Claims will be paid only if the Court approves the Settlement.

• For invoice dates between July 1, 2011, and November 30, 2015: 4.5 times the certification and/or retrieval fees paid.
• For invoice dates between December 1, 2015, and May 3, 2017: 1 time the certification and/or retrieval fees paid.
• For invoice dates on and after May 4, 2017: 6.25 times the certification and/or retrieval fees paid.

Health Care Records Requests and Fees

The settlement pertains to health care records requests made by patients or persons authorized in writing by the patient to receive those health care records. The lawsuit alleges that the defendants improperly charged certification and retrieval fees for these requests, which were not permitted under Wisconsin law.

• Health care records requests made by patients
• Health care records requests authorized in writing by the patient

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Settlement Class members must provide the unique invoice number from each invoice on which they were charged certification and/or retrieval fees. Additionally, Individual Claimants must submit a signed certification that they have read and understand the proof of Claim Form, believe in good faith that they are a member of the Settlement Class, were charged certification and/or retrieval fees and paid those fees, have neither assigned any right to recover these fees to any other party nor been reimbursed in part or in whole by a third-party for the fees, and have not submitted any other claim for the same payments, have not authorized any other person or entity to do so, and know of no other person or entity having done so on their behalf.

• Provide the unique invoice number from each invoice on which certification and/or retrieval fees were charged.
• Submit a signed certification for Individual Claimants or Requester Claimants with specific details.

How to Claim Your Award

To claim your award, you must complete the Claim Form available on the official settlement website. You can submit the Claim Form online or print it and mail it to the Settlement Administrator at Hammetter v Verisma Systems, PO Box 23369, Jacksonville, FL 32256. The Claim Form must be postmarked or submitted online by 11:59 p.m. Central Time on June 21, 2024.

For more detailed instructions and to access the Claim Form, visit the official settlement website at .

Settlement Fund Breakdown

The settlement amount is $4,940,808.80. This amount is allocated to pay Valid Claims submitted by Settlement Class members. The settlement also includes incentive payments to the named Plaintiffs and the costs associated with the administration of the case, including the claims process.

Class Counsel will apply to the Court for $1,482,242.64 in attorneys’ fees and $66,403.25 in expenses, which will be paid separately by Defendants. The incentive payments to the named Plaintiffs are as follows: $15,000 to Derrick Hammetter and Antoinette Vinkavich, $7,500 to Jennifer Wagner-Martin and Joey Rozanski, and $5,000 to Frank Geniesse and James Healy.

Why is There a Class Action Settlement?

The lawsuit alleges that the defendants improperly charged certification and retrieval fees for health care records requests made by patients and persons authorized in writing by the patient to receive those health care records. Plaintiffs contend that they and the Settlement Class are entitled to reimbursement of the allegedly improperly charged certification and retrieval fees, actual and exemplary damages, and certain other relief. Defendants have denied liability.

After considering the risks and costs of further litigation, the parties have concluded that it is desirable that the claims be settled and dismissed on the terms of the Settlement Agreement. Plaintiffs and Class Counsel believe that the terms and conditions of the Settlement are fair, reasonable, adequate, and equitable, and that the Settlement is in the best interest of the Settlement Class members.