These rights and options—and the deadlines to exercise them—are explained on this website.
The Court still has to decide whether to approve the Settlement. Payments will be sent to Settlement Class Members only if the Court approves the Settlement. If there are appeals, payments will not be made until the appeals are resolved and the Settlement becomes effective. Please be patient.
Fairness Hearing. On November 19, 2019 at 1:30 p.m. Central Time, the Court will hold a hearing to determine: (i) whether the Proposed Settlement should be approved as fair, reasonable, and adequate and should receive final approval; (ii) whether the Released Claims of the Settlement Class against the Released Parties should be dismissed with prejudice; (iii) whether Class Counsel’s application for a Fee Award should be granted; and (iv) whether the application for the Class Service Awards payments should be granted. The hearing will be held in the Milwaukee County Circuit Court, 901 N. 9th St., Milwaukee WI 53233. The hearing will be held in the Courtroom of the Honorable Judge Marshall Murray, which is located in Courtroom 208, 2nd Floor. This hearing date may change without further notice to you. Consult this Website , or the Court docket in this case, for updated information on the hearing date and time.
This website concerns a case called Moya v. HealthPort Technologies LLC (now known as Ciox Health LLC), Case No. 13CV2642 (the “Lawsuit”), that was filed in the Milwaukee County Circuit Court, Wisconsin (the “Court”).
A class action settlement in the Lawsuit will resolve claims against Ciox Health LLC (“Ciox”), HealthPort Technologies LLC (“HealthPort”) (now part of Ciox), IOD Incorporated (“IOD”) (now part of Ciox), and Aurora Healthcare, Inc (“Aurora”) (collectively, the “Defendants”). This Settlement affects all Persons who, from July 1, 2011 through August 1, 2019: (i) paid basic, retrieval and/or certification fee(s) charged by Ciox, IOD, Aurora or Columbia St. Mary’s (“CSM”), in violation of Wis. Stat. §146.83(3f)(b)(4) - (5); and (ii) have not already been reimbursed for such basic, retrieval, and/or certification fees.
The Lawsuit contends that the Defendants charged fees above those permitted by Wisconsin law for certain categories of medical records requests—specifically, basic certification and retrieval fees. The Lawsuit seeks return of the basic, certification and retrieval fees, exemplary damages, and certain other remedies.
Defendants deny liability.
To settle the case, Defendants have agreed to pay each Class Member who submits a Claim for basic, retrieval and/or certification fees twice the total amount of any basic, retrieval and/or certification fees paid by the Class Member to Ciox, HealthPort, Aurora, IOD, or Columbia St. Mary’s. The average of such charges for each individual Class Member is approximately $22.58. Ciox will provide funds up to $35,421,442 to pay all Valid Claims. Defendants have also agreed to pay a Service Award of $15,000 for named Plaintiff Carolyn Moya and $15,000 for named Plaintiff Timothy Rave.
Defendants have also agreed to pay for the costs associated with the administration of the case, including the claims process.
The lawyers who brought the Lawsuit will ask the Court for up to $8,000,000 in Attorneys’ Fees and Expenses, which will be paid by Defendants.
Your legal rights are affected whether you act or do not act. Read the Notice carefully.
The wesbsite summarizes the Proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available at this website, or contact the Settlement Administrator at Moya v. HealthPort Technologies LLC, c/o Settlement Administrator , PO Box 58728 Philadelphia, PA 19102-8728
This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
For more information please call 1-833-927-0818
