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If you participated in the Ohio Department of Health Drug Assistance Program and a mailing in August 2017 containing your protected health information was mailed, provided, or sent for delivery to you, your rights may be affected by a class action lawsuit
COLUMBUS, Ohio, Oct. 21, 2019 /PRNewswire/ -- The following statement is being issued by Meyer Wilson Co., LPA regarding the Doe v. CVS Lawsuits.
A settlement as described below ("Settlement") has been reached with Caremark, L.L.C. ("Caremark"), and Fiserv, Inc. and Fiserv Solutions, LLC (collectively, "Fiserv") of a class action lawsuit alleging they wrongfully disclosed confidential, protected health information of certain participants in the Ohio Drug Assistance Program ("OhDAP") in mailings that were mailed, provided, or sent for delivery in August 2017 (the "OhDAP Mailing"). OhDAP participants to whom the OhDAP Mailing was mailed, provided, or sent for delivery are entitled to compensation under the Settlement.
The United States District Court for the Southern District of Ohio ("Court") authorized this notice in two cases, known as John Doe One, et al. v. CVS Health Corporation, et al., No. 2:18-cv-00238-EAS-CMV (S.D. Ohio) and John Doe v. CVS Health Corporation, et al., No. 2:18-cv-00488-EAS-CMV (S.D. Ohio) (collectively, the "Doe Lawsuits").
What Is This About?
The Doe Lawsuits claim that the OhDAP Mailing disclosed OhDAP participants' confidential, protected health information in violation of Ohio law. Caremark and Fiserv dispute that they have done anything wrong and believe that they have complied with all applicable laws. The Court has not decided which side is right.
Who Is Included?
You are included in the Settlement if the OhDAP Mailing was mailed, provided, or sent for delivery to you.
What Does The Settlement Provide?
Under the terms of the Settlement, Caremark has agreed to pay the cash amount of $4,400,000 (the "Settlement Fund") to settle and release claims arising out of or relating to the OhDAP Mailing, the alleged disclosure of protected health information in connection with the OhDAP Mailing, and/or the facts and allegations in the Doe Lawsuits. The Settlement Fund will be used to pay all settlement payments to all Settlement Class Members, all settlement administrator fees and expenses, all attorneys' fees up to one-third of the Settlement Fund (plus costs and expenses), and all service awards to the Class Representatives (which may be up to $14,000).
The Settlement provides for two types of payments to Settlement Class Members who do not opt out of the Settlement:
- Base Payment of at least $400 automatically provided (without the need to submit a Claim Form) to all Settlement Class Members for whom the Settlement Administrator has address information (this amount may be increased but never decreased); and
- Payment of up to $10,000 for certain financial harm and $2,500 for certain non-financial harm, subject to a reduction depending on the total amount of damages claimed in valid Claim Forms received.
How Do You Get A Payment?
As long as the Settlement Administrator has a valid address for the person, Settlement Class Members who do not opt out will automatically be sent a minimum payment of $400. To receive an additional payment for financial or non-financial harm, you must submit a Claim Form by December 20, 2019. Claim Forms are available from the Settlement Administrator.
- If you have not received a notice about the Settlement with a Class Member ID and a Claim Form through the mail but believe you are a Settlement Class Member, you MUST contact the Settlement Administrator immediately at www.OhioPrivacySettlement.com or by calling 1-833-253-8060 to receive any benefits under this Settlement.
- If you receive in the mail a notice about the Settlement with a Class Member ID and a Claim Form, you will automatically be sent a check for at least $400. To receive additional compensation for financial and/or non-financial harm, follow the instructions in the notice and Claim Form. Additional information may be found by visiting www.OhioPrivacySettlement.com or calling 1-833-253-8060.
What Are Your Options?
If you do not want to be legally bound by the Settlement, you must exclude yourself from it by December 20, 2019, or you will not be able to sue, or continue to sue, Caremark, Fiserv, or the State of Ohio (including the Ohio Department of Health and OhDAP) about the claims this Settlement resolves. If you exclude yourself, you will not get money from the Settlement. If you stay in the Settlement Class, you can tell the Court that you do not agree with the Settlement by objecting to it by December 20, 2019. This is only a summary of the Settlement. The full Notice of Settlement, available at www.OhioPrivacySettlement.com, explains how to exclude yourself or object and describes the released claims in detail.
Who Represents You?
The Court appointed several law firms to represent the Settlement Class. You can locate this information at www.OhioPrivacySettlement.com. If you want to be represented by your own lawyer, you may hire one at your expense.
When Will The Settlement Be Approved?
The Court will hold a hearing on January 14, 2020, at 10:00 a.m. to consider whether to approve the Settlement, the request for payment of attorneys' fees, costs and expenses, service awards to the Class Representatives, and the payment of the Settlement Administrator's fees and costs. You or your own lawyer may ask to appear and speak at the hearing at your own cost, but you do not have to.
Want More Information?
If you want more information or want to review the Settlement's terms, the Notice of Settlement and the Claim Form, or to inquire with the Settlement Administrator whether you are a Settlement Class Member, please visit www.OhioPrivacySettlement.com or call 1-833-253-8060.
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SOURCE Meyer Wilson Co., LPA