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Russell G. Binder v. The Charles Town General Hosp. d/b/a Jefferson Med. Ctr., City Hosp., Inc. d/b/a Berkeley Med. Ctr., West Virginia Univ. Hosp., Inc., West Virginia Univ. Hosp. – East, Inc.,
Action No. 15-C-530, Circuit Court of Berkley County, West Virginia
—AND—
James F. Smith and John E. Smith, as Co-Executors of the Estate of Donald F. Smith v. Camden-Clark Mem. Hosp. Corp.,
Action No. 14-C-829, Circuit Court of Wood County, West Virginia
IF YOU PAID FOR COPIES OF MEDICAL RECORDS FROM DECEMBER 1, 2010 TO JULY 5, 2017, YOU COULD GET A PAYMENT FROM A CLASS ACTION SETTLEMENT.
A state court authorized the notice. This is not a solicitation from a lawyer.
Why are you receiving the notice?
You are a patient, patient’s agent, attorney in a representative capacity, patient’s other authorized representative, or insurance company who, with medical authorizations, on one or more occasions between December 1, 2010 and July 5, 2017 was invoiced and/or billed by CIOX Health, LLC (“CIOX”) for the service of providing copies of medical records requested from one or more WVU Medicine Entities, which include Harpers Ferry, Jefferson Memorial Hospital, Spring Mills, Inwood Family Medicine, WVUH-East Neurology, WVUH-East Urology, WVUH-East Pulmonology, WVUH-East ENT, WVUH-East Psych, WVUH-East GI, Foxcroft Family Medicine, Gateway Family Medicine, UHP Surgeons, and UHP Oncology, as well as, City Hospital, Inc. d/b/a Berkeley Medical Center, and Camden Clark Medical Center (each a “WVU Medicine Entity”).
What is the purpose of the notice?
The notice is to inform you about two class action lawsuits (the “Actions”) and a proposed class settlement (the “Settlement”) that has been conditionally approved by the Court. Under the proposed Settlement, members of the Settlement Class are entitled to receive a cash settlement payment for charges incurred between December 1, 2010 and July 5, 2017 (the “Class Period”).
How do I submit a claim?
Please go to the Online Claim Submission page to begin your claim submission. The notice explains the terms of the Settlement and tells you how to submit a claim for cash benefits under the Settlement. Full copies of all settlement documents, pleadings, and claim forms can be found on the Important Court Documents page. Additionally, a paper copy of the Proof of Claim form is enclosed that can be submitted to the Claims Administrator, no later than September 22, 2026. Proof of Claim form can also be submitted electronically through the Settlement Webpage by September 22, 2026. You may obtain a list of potentially eligible invoice(s) (including invoice number, invoice date, patient name, name of the WVU Medicine Entity, and amount paid) from the Claim Administrator to assist in completing the Proof of Claim form. For each potentially eligible invoice, you must submit a separate Proof of Claim form.
How much is my claim worth?
The value of each claim is dependent upon: (1) the number of pages contained in the medical records produced and (2) the amounts paid for copies of medical records. A complete explanation of the value of each claim can be found in Section II of the notice you received, or in FAQ question 4.