Russell G. Binder v. The Charles Town General Hosp et al and Smith v Camden Clark Mem. Hosp. et al.

No.  If you received a Notice it's because you are a member of a class action and your rights may be affected.  You may also be entitled to certain benefits.  Please read the notice for more information.

The Actions are the matters titled (1) James F. Smith and John E. Smith, as Co-Executors of the Estate of Donald F. Smith v. Camden-Clark Memorial Hospital Corporation, Civil Action No. 14-C-829, pending in the Circuit Court of Wood County, West Virginia, and (2) Russell G. Binder v. The Charles Town General Hospital d/b/a Jefferson Med. Ctr., City Hospital, Inc. d/b/a Berkeley Med. Ctr., West Virginia University Hospitals, Inc., West Virginia United health System, Inc., West Virginia University Hospitals – East, Inc., Civil Action No. 15-C-530, formerly in the Circuit Court of Berkley County, West Virginia. In the Actions, Plaintiffs claim that they were excessively and improperly charged for copies of medical records in connection with treatment they received at a WVU Medicine Entity.  Defendants deny Plaintiffs’ claims and contend that they have not acted in an unlawful manner.  By settling this lawsuit, Defendants are not admitting, and expressly deny, that they have done anything wrong, but have agreed, as part of the Settlement, to reimburse Plaintiffs and those similarly situated a certain monetary amount as discussed in greater detail in FAQ question 4.

The Court has preliminarily certified a Class (the “Settlement Class”) in the Action, and preliminarily determined that the settlement is fair, reasonable and adequate, and in the best interests of the Settlement Class.  

The Settlement Class is defined as follows: All patients, patients’ agents, attorneys in a representative capacity, patients’ authorized representatives, including, but not limited to, defense counsel or insurance companies who, with medical authorizations, on one or more occasions during the Class Period, sought, in writing, copies of medical records from one or more WVU Medicine Entities serviced by CIOX and who subsequently: (1) paid CIOX for copies of medical records and were not reimbursed for same, or (2) reimbursed their legal or authorized representative for the costs paid to CIOX and advanced on their behalf to obtain copies of medical records, which were then produced pursuant to West Virginia Code §§ 16-29-1, et seq. from a WVU Medicine Entity, as defined herein, during the Class Period.

The Settlement Class excludes (1) Class Counsel, including their respective law firms during the Class Period, (2) any and all Persons that  paid for the requested copies of medical records pursuant to a specific pricing agreement or a negotiated rate, and , and (3) the Judge signing the Final Approval Order and Judgment, any judge or justice considering the State Action on appeal or remand (if applicable), and their current spouses and all other persons within the third degree of consanguinity to such judges/justices.

The following benefits are covered as part of this settlement:

A.    Payments to Class Members: Plaintiffs and CIOX have entered into a proposed Settlement of the Actions.  Under the proposed Settlement and subject to final Court approval, Class Members who submit timely and valid Proof(s) of Claim will be deemed eligible to receive payment or the “Settlement Benefit” of the difference between the Per-Page Rate charged by CIOX to produce copies of the medical records in response to a qualifying request for medical records and the Settlement Rate of $0.14 per page.

The applicable “Per-Page Rate” means the fee assessed and paid by the requestor in response to a qualifying request for medical records, on a on a per-page basis to provide medical records from one or multiple WVU Medicine Entities during the Class Period as follows: 

Patient Requests

• $0.40 per-page: December 1, 2010, through July 15, 2011; 
• $0.75 per-page: July 15, 2011 through June 30, 2014;
• $0.49 per-page: June 30, 2014 through February 8, 2016; 
• $0.39 per-page: February 8, 2016 through August 23, 2016; and
• $0.12 per-page: August 23, 2016 through July 5, 2017. 

Non-Patient Requests

• $0.40 per-page: December 1, 2010, through July 15, 2011; 
• $0.75 per-page: July 15, 2011 through June 30, 2014; and
• $0.55 per-page: June, 2014 through July 5, 2017. 

 
Only one claim and only one Settlement Benefit may be paid per qualifying request for copies of medical records. Only the Person that ultimately paid the cost of the medical records is eligible to receive reimbursement (i.e., the Person that requested the records is not eligible if they received reimbursement and the patient is eligible if they either paid without receiving reimbursement, or reimbursed the requestor). Checks issued to Class Members will be void one-hundred and eighty (180) days after issuance.  Any Class Member who does not negotiate the check within one-hundred and eighty(180) days will lose any rights to payment, while the Agreement will in all other respects be fully enforceable against such Class Member.

In order to have the opportunity to submit a claim for Settlement Benefits, YOU MUST:  (1) FILL OUT ALL “REQUIRED” FIELDS DENOTED ON THE CLAIM FORM INCLUDED WITH YOUR NOTICE, (2) SIGN AND ATTEST TO THE VERACITY OF SAME, AND (3) RETURN THE PROOF OF CLAIM FORM EITHER ELECTRONICALLY OR BY MAIL.  

ALL PROOF OF CLAIM FORMS MUST BE ELECTRONICALLY SUBMITTED BY OR POSTMARKED NO LATER THAN SEPTEMBER 22, 2026.  LATE CLAIM FORMS WILL NOT BE ACCEPTED.

B.    Attorneys’ Fees, Costs, and Class Representative Incentive Awards.  Counsel for Plaintiffs and the Settlement Class (“Class Counsel”) is seeking an award of attorneys’ fees, costs, and expenses (“Fees”) from the Court in an amount to be determined by the Court.  Class Counsel is likewise seeking incentive awards for Plaintiffs Russell G. Binder, individually, and James and John Smith, as co-administrators of the Estate of Donald F. Smith, in settlement of their claims and in recognition of their service as class representatives, in an amount to be determined by the Court.  These applications, and all pleadings and orders relating thereto will be made available for Class Members to review on the Settlement Webpage. 

C.    Costs.  CIOX will pay the costs associated with the notice and the administration of the Settlement.

A final approval hearing will be held to determine whether the proposed Settlement should be finally approved by the Court as fair, reasonable and adequate, and to determine the amount of fees that should be awarded to Class Counsel.  At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement.  The hearing will be before Judge Jason Wharton at a date and time designated by the Court, no earlier than April 20, 2027.  Contact Class Counsel or the Claims Administrator to obtain the Court date or request that it be provided once scheduled. The date and time of the hearing will be posted on the Key Dates page as soon as it has been scheduled. YOU DO NOT HAVE TO SHOW UP AT THIS HEARING UNLESS YOU OBJECT TO THE SETTLEMENT AND WANT TO BE THERE IN PERSON.

A Proof of Claim form, titled “Proof of Claim and Release” (referred to herein as “Claim Form” or “Proof of Claim”) is included at the end of the notice you received for use in submitting a claim.  You may also submit a Claim Form electronically on the Online Claim Submission page.  If you want the Settlement Benefit under the proposed Settlement, you must (a) be a Class Member and (b) fill out, attest the veracity and sign, and timely return the accompanying Claim Form to Smith v. Ciox, c/o Settlement Administrator, P.O. Box 23369, Jacksonville, FL 32241  or submit it electronically via the Settlement Webpage.  To be timely, the Claim Form must be electronically submitted, or postmarked to Smith v Ciox c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241 no later than September 22, 2026.  Class members who submit untimely or otherwise invalid Claim Forms, or who send Claim Forms to any address other than that provided above, will lose any right to payment under the Settlement, while the Agreement (including the Release contained therein) will in all other respects be fully enforceable against the Class Member.

Settlement Benefits may only be obtained by the person who ultimately paid the invoice or bill for the release of information request.  In addition, no claims may be submitted as a group, in the aggregate, or on behalf of a class of persons.  Any claim not meeting these requirements will be invalid and ineligible for payment.
 

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address. 

To update your mailing address, you can use the Update Address button at the top of this page. You will need your Notice ID and PIN. 

A different option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email. Alternatively, you can mail that information to: Smith v Ciox, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

A copy of your marriage license, divorce decree or court order is required for a name change.

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Smith v Ciox, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received.  We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence. 

Alternatively, you can submit the required documents by mail to: Smith v Ciox, c/o Settlement Administrator, PO Box 23369, Jacksonville, FL 32241.

Persons who qualify as Class Members also have the opportunity to opt out of the Settlement Class.  Each Person who qualifies as a Class Member who wishes to opt out of the Settlement Class shall do so by serving a written opt-out request to all Class Counsel, Defense Counsel and the Settlement Administrator (at the addresses listed above), via first class mail, postage pre-paid, postmarked no later than the final day of the Claim Period.

Exclusion requests must: (1) be signed by the  Person or their attorney; (2) include the full name and address of the Person requesting exclusion, the name of the patient for whom the records were requested if the Person was not the patient, the invoice number(s) associated with the request for records; (3) be timely postmarked and mailed to the address designated in the Class Notice; and (4) include the following statement: “I/we request to be excluded from the proposed class settlement in Binder v. The Charles Town General Hospital d/b/a Jefferson Med. Ctr., City Hospital, Inc. d/b/a Berkeley Med. Ctr., West Virginia University Hospitals, Inc., West Virginia United health System, Inc., West Virginia University Hospitals – East, Inc., Civil Action No. 15-C-530, formerly in the Circuit Court of Berkeley County, West Virginia and/or 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, pending in the Circuit Court of Wood County, West Virginia.”  

No request for exclusion will be honored as valid unless all the prerequisites described above are adhered to in full.  For any Person who qualifies as a Class Member and who has more than one claim, the exclusion request must specify each separate claim.  Class Counsel will keep any such opt-out information confidential and will use it only for purposes of determining whether a person has properly opted out.  All Persons who qualify as Class Members and who do not opt-out in accordance with the terms set forth herein will be deemed Class Members, and will, in turn, be bound by all determinations and judgments in the Action.

All Persons who qualify as Class Members who exclude themselves from the Settlement Class will not be eligible to receive any Settlement Payment, will not be bound by any further orders or judgments entered for or against the Settlement Class and will preserve their ability to independently pursue any claims they may have against Defendant or the Released Parties by filing their own lawsuit at their own expense. This is true even if the settlement set forth in this Agreement is not ultimately approved by the Court.

You have the right to object to all or any part of this proposed Settlement, but if you want to object, you must be a Class Member. 

Class Members who do not timely request exclusion and have a Qualifying Request possess the right to object to the proposed settlement by filing an objection in writing with the Clerk of the State Court no later than the final day of the Claim Period.  The objection must also be mailed to each of the following, postmarked by the last day to file the objection: (1) Class Counsel: (i) David J. Romano and the law firm of Romano Law Office, LC, 363 Washington Avenue, Clarksburg, WV 26301; (ii) David E. Goddard and the law firm of Goddard Law, 7 Chenoweth Dr., Suite C, Bridgeport, WV 26330; and (iii) Richard A. Monahan and the law firm of Bordas & Bordas, PLLC, 1358 National Road, Wheeling, WV 26003; (2) Defense Counsel: (i) Javier F. Flores and the law firm of Dinsmore & Shohl LLP, 101 Arch Street, Suite 1800, Boston, MA 02110, and (ii) Russell D. Jessee and the law firm of Steptoe & Johnson PLLC, 707 Virginia Street East, Charleston, WV 25301; and (3) Claims Administrator: Binder v. Ciox Health c/o Settlement Administrator, P.O. Box 23369, Jacksonville, FL 32241.

A written objection must include: (1) the full name, address, phone number and email address (if applicable) of the  Class Member, the name of the patient(s) for whom the records were requested, if the objecting Class Member is not the patient, and  the invoice number(s) associated with the request(s) for records, (2) a detailed description of the legal and factual grounds for the objection; (3) all documents or writings that such Class Member desires the Court to consider; and (4) a statement of whether the objecting Class Member intends to appear at the Final Approval Hearing in person or through counsel.  The Class Member must sign the objection for such objection to be valid, unless represented by counsel admitted to practice in West Virginia, in which case counsel shall be required to sign.

Any Class Member wishing to appear in person in addition to submitting only written objections must file, along with the written objection, a written notice of intention to appear by the date specified above.  Any Class Member who fails to object in the manner prescribed herein shall be deemed to have waived their objections and forever be barred from making any such objections in this Action.  Please note that you must state ALL reasons why you believe the Settlement should not be approved.

DO NOT CONTACT THE COURT, CIOX, WVU ENTITIES, or DEFENSE COUNSEL ABOUT THE NOTICE OR CASE.  You can contact Class Counsel: (1) David J. Romano and the law firm of Romano Law Office, LC, 363 Washington Avenue, Clarksburg, WV 26301; (2) David E. Goddard and the law firm of Goddard Law, 7 Chenoweth Dr., Suite C, Bridgeport, WV 26330; and/or (3) Richard A. Monahan and the law firm of Bordas & Bordas, PLLC, 1358 National Road, Wheeling, WV 26003. Or you can contact your own attorney, through whom you are entitled to make an appearance, should you so desire.  NEITHER CIOX NOR WVU ENTITIES’ TELEPHONE REPRESENTATIVES ARE AUTHORIZED TO VARY THE TERMS OF THE NOTICE UNDER ANY CIRCUMSTANCES.

The notice provides only a summary of the case and basic terms of the proposed Settlement.  For a complete copy of the Settlement Agreement, please visit the Important Court Documents page.  In order to see the complete case file you should visit the Wood County Court Clerk’s office at Wood County Judicial Office, 2 Government Square, Ste. 133, Parkersburg, WV 26102.   The Clerk will make the files relating to this lawsuit available to you for inspection and copying at your own expense.