Chapin v. Los Robles, et al.
www.MedicalRecordSettlement.com

Frequently Asked Questions

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1. Why was a Notice issued?

This lawsuit, entitled Chapin v. Los Robles Regional Medical Center, Civil Case No. 56-2014-00454001-CU-NP-VTA, was filed on June 10, 2014 in the Superior Court of the State of California, County of Ventura (“the Lawsuit”). The Settlement Notice was issued to explain the Lawsuit, the Settlement, and your legal rights.

The Settlement Notice explains that the Court has allowed this Lawsuit to go forward and be settled as a class action. The Court authorized the Settlement Notice because you have a right to know about the proposed Settlement in this Class Action lawsuit, and about all of your options.

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2. What is this lawsuit about?

The Class Representative contends that Los Robles Regional Medical Center violated the Confidentiality of Medical Information Act, California Civil Code section 56, et seq. by “negligently releasing and disclosing confidential medical information” and/or by “negligently maintaining confidential medical information” that was contained in medical records which were transported from Los Robles to Los Robles’ business office by outside courier in late February and/or late March 2014. A copy of the Class Representatives’ actual claims can be found on this website.

Los Robles denies the allegations of the Lawsuit, denies all allegations of wrongdoing and of liability, and denies any causation of harm or damage to the Settlement Class. There has been no finding of any violation or wrongdoing by Released Parties by any court.

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3. Why is this a Class Action?

In a class action, one or more people called “Class Representatives” (in this case, Leah Chapin) sue on behalf of people who have similar claims. All of these people or entities are a “Class” or are “Class members.” One court resolves the issues for all Class members, except for those who excluded themselves from the Class.

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4. Why is there a Settlement?

The Court did not decide in favor of the Plaintiff or Defendant. Instead, the Contributing Parties agreed to the Settlement. That way, they avoid the cost and risk of further litigation and the people claimed to be affected will get compensation. The Class Representatives and their attorneys believe that a class wide settlement is in the best interests of the class.

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5. How do I know if I am part of the Settlement?

If you received a letter from Los Robles Regional Medical Center notifying you that your medical records may have been accessed and/or lost during transport in February or March 2014, you are a part of the Settlement, and you should file a claim. The process to file a claim is also explained below.

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6. Are there exceptions to being included?

Yes. The Class does not include persons who opted-out or excluded themselves from the Settlement in a timely and correct manner by submitting a written request for exclusion. This Class also excludes the judge presiding over this matter from participation.

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7. I’m still not sure if I’m included in the Settlement.

If you are not sure whether you are included in the Class, call the Claims Administrator at the toll free number designated for this Settlement (866) 825-1423 or email Info@MedicalRecordSettlement.com.

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8. What does the Settlement provide?

Settlement Fund. Contributing Parties will establish a Settlement Fund totaling Three Hundred Thousand Dollars ($300,000.00).

Payment to Class Members. The Settlement Fund will provide payment for the following: (a) the benefits to the Class Members whose claims are approved by the Claims Administrator, (b) the costs of administration incurred by the Claims Administrator, including, but not limited to, the costs of providing notice to the Class of this Settlement Agreement; (c) the attorneys’ fees and costs awarded to Class Counsel (Class Counsel intends to make an application for $90,000.00 in fees and costs) and (d) any enhancement payments awarded to the Class Representative (Class Representative intends to make an application for a $1,000 enhancement payment to the Class Representative). Any unclaimed portions of the Settlement Fund after one year will revert to Defendant.

The Claims Administrator will calculate the eligible share of the Net Settlement Fund owed to each class member by the following:

  1. First, each class member who wants to receive a share of the Net Settlement Fund will be required to fill out a claim form by June 6, 2019 and verify that he or she received treatment at Los Robles Regional Medical Center in February or March 2014.
  2. Second, the Class Administrator shall determine whether the class member belongs to Eligible Claimant Group A or Eligible Claimant Group B. Eligible Claimant Group A comprises of those class members whose medical records were never delivered to Los Robles’ business office following their transport. Eligible Clamant Group B comprises of those class members whose medical records were transported to Los Robles’ business office.
  3. Third, the Class Administrator shall calculate the amount of the Net Settlement Fund (subtracting out from the Settlement Fund the costs of administration, the attorneys’ fees, costs and incentive awards approved by the Court).
  4. Fourth, the Class Administrator shall determine the pro rata award of each class member after determining which claimant group the class member belongs.

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9. What am I giving up in exchange for the Settlement benefits?

Unless you excluded yourself from the Settlement, you can’t sue the Released Parties or be part of any other lawsuit against the Released Parties about the issues in this case. Unless you excluded yourself, all of the decisions by the Court will bind you. This settlement agreement, called the “Stipulation of Class Action Settlement,” is available on this website and describes the claims that you gave up if you remained in the Settlement.

By staying in the Class, you became a Class Member and you automatically released the Released Parties from any claims set forth below and gave up your rights to pursue or continue any action against the Released Parties relating to the Covered Emails and the claims at issue in this lawsuit. A word-for-word copy of the Release sections from the Stipulation of Class Action Settlement is copied below. Although definitions for material terms are included below, you may obtain additional details on undefined terms in the Settlement Agreement available on this [website]. Because Class Members will release a wide range of claims, please carefully read the following:

Upon the date of Final Court Approval, the Class Representative, her counsel, and each and every Class Member who has not timely and validly opted out of the Settlement, on behalf of themselves, their successors, heirs, executors, administrators, predecessors, assigns, present and former agents and attorneys, and anyone acting on their behalf (“Plaintiffs’ Releasing Parties”) shall, and hereby do, fully, finally, and forever release, relinquish and discharge Los Robles and all of its current and former officers, directors, trustees, employees, agents, representatives, parent entities, subsidiaries, divisions, companies, corporations, shareholders, affiliates, limited liability companies and limited partnerships, related and affiliated companies and entities (including, but not limited to HSS Systems, LLC and Parallon Health Information Solutions, LLC), predecessors, successors, insurers, assigns, and any of their attorneys and/or legal representatives — and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing — and all Persons or entities acting with, by, through or in concert with any of them, as well as any and all courier companies that were (or may have been) involved in any way with the transportation of the Class Members’ medical records during February and March 2014, including but not limited to, Courier Express Holdings, Inc., Courier Express/Atlanta, Inc., Courier Express Charlotte, Inc., Courier Express US, Inc., Express Messenger Systems, Inc. d/b/a On-Trac, Southwest Courier, Inc., and Top Priority Couriers, Inc. (collectively, “Courier Companies”), and the Courier Companies’ current and former officers, directors, trustees, employees, agents, representatives, parent entities, subsidiaries, divisions, companies, corporations, affiliates, limited liability companies and limited partnerships, predecessors, successors, insurers, assigns and legal representatives — and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing — (all of the foregoing are collectively referred to herein as “Plaintiffs’ Released Parties”) from any and all claims (including assigned claims), causes of action, debts, liabilities, covenants, promises, contracts, agreements, and/or obligations — whether known or unknown, asserted or unasserted, latent or patent — that are, have been, could reasonably have been or in the future might be asserted by any of Plaintiffs’ Releasing Parties against Plaintiffs’ Released Parties, either in this Lawsuit or in any other action or proceeding in this Court, or any other Court or forum, which to any extent, or in any way, were made — or which could or should have been made (known or unknown) — arising out of, resulting from, and/or related to, in whole or in part, (i) the alleged release, disclosure or negligent maintenance or handling of Class Members’ medical health records, confidential medical information and/or confidential personally identifiable information in February or March 2014, or (ii) the facts, conduct, alleged omissions, transactions, occurrences, or matters that were (or could have been) alleged in the Lawsuit, including, without limitation: (a) any claim or cause of action under the CMIA, the Information Practices Act of 1977 (California Civil Code § 1798 et seq.), the California Unfair Competition Law (California Business & Professions Code § 17200 et seq.) and any/all federal or state statutes in effect in the United States; (b) any claim or cause of action based on any constitutional right to privacy under the Federal constitution, California constitution, and/or constitution of any other state; (c) any claim or cause of action based on the common law right of privacy, negligence, breach of contract, breach of fiduciary duty and/or unfair competition; and (d) any other type of claim whether based on statute, common law, or in equity, including, without limitation, any claim for attorneys’ fees or expenses of any type (hereafter, “Plaintiffs’ Released Claims”). In addition, Plaintiffs’ Releasing Parties shall, and hereby do, covenant not to sue Plaintiffs’ Released Parties based on any Plaintiffs’ Released Claims.

The Parties also agree and understand that, as a condition of the Settlement, if approved by the Court, Plaintiff and all Class Members (save those Class Members who timely and validly opt out) are waiving any and all claims for (i) actual damages; (ii) punitive damages; (iii) prejudgment interest; and (iv) injunctive relief, except as may be set forth in the Settlement Agreement.

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10. How can I receive a payment from the Net Settlement Fund?

To qualify for payment, you must complete and submit a claim form. If one was not already sent to you with the Settlement Notice, you can get a claim form on this website. Please read the instructions carefully, fill out the claim form, and either submit it on this website by June 6, 2019 or mail it postmarked no later than June 6, 2019 to:

Chapin v. Los Robles
c/o GCG
P.O. Box 35100
Seattle, WA 98124-1100

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11. When will I get my payment?

Checks will be mailed to Class members who submit valid claims forms on or before June 6, 2019. Distribution commenced 30 days after the entry of the Final Approval Order, which was signed on June 6, 2016.

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12. If I excluded myself, can I get anything from the Settlement?

No. If you excluded yourself you will not get anything from the Settlement. If you asked to be excluded, you will not receive a payment, and you cannot object to the Settlement. But you may sue, continue to sue, or be part of a different lawsuit against the Released Parties in the future. Your right to sue as an individual will not be affected by this lawsuit if you “opted out” of the Settlement.

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13. If I don’t exclude myself, can I sue later?

No. Unless you excluded yourself by the exclusion deadline, which was March 18, 2016, you gave up the right to sue Released Parties for the claims that this Settlement resolves. Indeed, you must have excluded yourself from this Class to start or continue your own lawsuit.

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14. Do I have a lawyer in the case?

The Court has designated the law firms of Kabateck Brown Kellner LLP and The Trial Law Offices of Bradley I. Kramer to represent you as “Class Counsel”. You will not be charged for these lawyers. If you want to be represented by another lawyer, you may hire one at your own expense.

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15. How will the costs of the lawsuit and Settlement be paid?

Class Counsel made a Fee and Cost Application that was heard at the Final Approval Hearing seeking an award of attorneys’ fees and reimbursement of expenses in a combined amount not to exceed $90,000.00 for their efforts on prosecuting this action, and Class Counsel also made an application that was heard at the Final Approval Hearing for the enhancement award to be paid to the Class Representative in the amount of $1,000 each. The Class Counsel fees as approved by the court shall be paid out of the Settlement Fund.

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16. What happens if I do nothing at all?

If you are a Class member and do nothing, you will not receive a payment from this Settlement. And, unless you excluded yourself, you are not able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant about the claims in this case.

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17. How do I get more information?

This website summarizes the Settlement. More details are avaliable in the Settlement Agreement, Signed Order Granting Final Approval of Class Action Settlement, or Signed Final Judgment. You can get a copy of the Settlement Agreement, a copy of the Signed Order Granting Final Approval of Class Action Settlement, download a Claim Form and review additional case information on the Important Documents section of this website.

Any questions regarding this Notice should be directed to the Claims Administrator, at Chapin v. Los Robles, c/o GCG, P.O. Box 35100, Seattle, WA 98124-1100 or Info@MedicalRecordSettlement.com.

PLEASE DO NOT CONTACT THE COURT WITH ANY QUESTIONS.

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