NURSE WAGES ANTITRUST SETTLEMENT
You have reached the website for
Cason-Merenda et al v. VHS Michigan Inc., d.b.a. Detroit Medical Center et al,
Case No. 06-15601 (E.D. Mich). This website will notify you of
the procedures to be followed by members of various certified
settlement classes as ordered by the United States District
Court for the Eastern District of Michigan (“the Court”).
All such procedures have now been completed.
Important Update: On August 27, 2015, the Court changed the start date for the class action trial to October 5, 2015.
the Claims Process
The Settlement Administrator has completed its review of the large volume of Claim
Forms submitted (in excess of 12,000), the Court has approved the method by which the
claim process was administered, and the first checks were mailed on April 17, 2015.
Please allow at least two weeks for delivery of your check. This mailing completes
the process of distributing all monies collected from the seven settling defendants,
St. John Health, Oakwood Healthcare Inc., Bon Secours Cottage Health Services, Henry
Ford Health Services, William Beaumont Hospital, Mt. Clemens General Hospital, and
Trinity Healthcare Corp.
A copy of the papers seeking Court approval to distribute the funds are contained
below, along with the Court Order approving distribution. All check amounts were
computed as approved by the Court, as reflected in Exhibit A, attached below
(all entries are identified by using the Rust ID number printed on your Claim Form
found in the top left corner under the bar code).
ORDER GRANTING MOTION TO DISTRIBUTE FUNDS 03/25/2015
PLAINTIFFS’ MOTION TO DISTRIBUTE SETTLEMENT FUNDS AND PAY AND REIMBURSE EXPENSES 07/07/2014
All monies were distributed according to the pro rata allocation approved by the Court,
so every nurse's share of the settlement funds was decided based on her relative
income earned during the years 2003-2006. Further, not all nurses were members of all
settlement classes, so some nurses were only entitled to a share of funds from a particular
hospital's settlement. The following chart is designed to assist you in determining from which
funds you were entitled to a share.
Beaumont Trinity Settlement Funds of $16,487,161
Mount Clemens, Henry Ford, St. John and Bon Secours
funds of $24,389,239 (less Court awarded costs)
Oakwood funds of $7,183,000 (less Court awarded costs)
Staff Nurse at any Defendant short term acute care
facility in Detroit at any time between 12/12/2002 and
Entitled to share
Entitled to share
Entitled to share
Staff Nurse at any Defendant short term acute care facility in Detroit,
but only for a period of time between 12/13/2006 and 6/15/2007
Entitled to share
||Not entitled to share
Not entitled to share
Advanced Practice Nurse or Managerial or Supervisory Nurse (including case managers)
at any Defendant short term acute care facility in Detroit at any time between
12/12/2002 and 6/15/2007
Not entitled to share unless you also were a Staff Nurse during some part of the
time between 12/12/2002 and 6/15/2007
||Not entitled to share unless
you also were a Staff Nurse at any time between 12/12/2002 and 12/12/2006
APNs are entitled to share, but not supervisory nurses unless you also
were a Staff Nurse during some part of the time between 12/12/2002 and 6/15/2007
The approved Settlement Agreements are below:
Mount Clemens General Hospital
Henry Ford Health Systems
Trinity Health Corp.
The Continuing Litigation
Litigation continues against the sole remaining defendant, VHS of Michigan Inc. d/b/a
Detroit Medical Center, an entity that is now a part of the Tenet Healthcare system, the
second largest for-profit hospital operator in the United States. Trial against the remaining
Defendant will commence on September 15, 2015. Copies of the Court-approved Class Action
Notice have been distributed to nurses within the certified class. A copy of the Class Notice
and a document identifying all job titles considered to comprise the certified class whose
claims will be pursued at trial are attached below:
Class Notice Regarding Trial
Class Job Titles
In order to ensure that you receive any future information about this lawsuit and to
ensure that you receive any subsequent payment it is important that we have current, updated
address information for all members of the certified settlement classes. Any updated address
or other contact information for you must be provided in writing directly to the Settlement
Administrator at the following address which is also found in the legal notice:
Detroit Nurses Claims Administrator
c/o Rust Consulting - 2249
P.O. Box 2396
Faribault, Minnesota 55021-9096
Class Counsel can be contacted at:
Mark A. Griffin
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
or via http://www.krcomplexlit.com/
Additional Litigation Information
The class action litigation was filed on December 15, 2006, against six defendants
(Detroit Medical Center, Henry Ford Health System, Mount Clemens General Hospital, Inc.,
St. John Health, Oakwood Healthcare, Inc., and Bon Secours Cottage Health Services).
The complaint was subsequently amended to include two additional defendants (William
Beaumont Hospital and Trinity Health Corp.) on June 15, 2007.
A copy of the Third Corrected Class Action Complaint in this matter, setting forth
the conduct that Plaintiffs allege has resulted in suppressed nurse compensation being
paid by the Defendant hospitals as a result of conduct that violates the antitrust laws
can be found here:
Third Corrected Class Action Complaint
The conduct at issue, and the evidence Plaintiffs have uncovered in support of those
claims, is described in far more detail in Plaintiffs' Consolidated Opposition to Defendants'
Motion for Summary Judgment. A copy of that brief is available below:
Plaintiffs' Legal Memo
A copy of the two Reports submitted by Prof. Orley Ashenfelter, Professor of
Economics at Princeton University, detailing how the conduct described in the
complaint and in the summary judgment opposition, caused harm to Detroit hospital
nurses and quantifying that harm, is available below:
Ashenfelter Rebuttal Report
Copies of the evidence uncovered regarding
defendants’ conduct as summarized in
Plaintiffs’ summary judgment opposition is
Exhibits to Plaintiffs' Legal Memo
Attachments to Plaintiffs' Legal Memo
As noted above, litigation continues against the one remaining defendant, VHS of Michigan,
Inc., d/b/a Detroit Medical Center, a facility owned and operated by Tenet Healthcare.
As to that litigation, Judge Rosen has certified a class of staff nurses who Ms. Cason-Merenda
and Mr. Suhre will represent at trial. The Sixth Circuit Court of Appeals has denied VHS' petition
to review that decision. Judge Rosen has also denied Defendants' motion seeking to have that case
summarily dismissed prior to trial (Judge Rosen did dismiss Count I of the above-mentioned Complaint,
but Count II of the Complaint is proceeding to trial). Finally, Judge Rosen has denied a motion seeking
to exclude the testimony of Professor Orley Ashenfelter, Professor of Economics at Princeton University
who will present testimony at trial demonstrating how the alleged conspiracy injured Detroit hospital
nurses and quantifying the injury suffered.
Class Notice was mailed to all members of the certified class informing them as to their rights on
April 22, 2015. A copy is attached above. A trial of the claims of all class members is scheduled to
begin on September 15, 2015.
Further details of this litigation and the various Orders issued by the Court can be found at