DETROIT 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.

 

Status of 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

Exhibit A

Exhibit B

Exhibit C

Exhibit D

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 12/12/2006 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:

St. John

Bon Secours

Oakwood

Beaumont

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

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
(800)231-5970

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 Report

Ashenfelter Rebuttal Report

Copies of the evidence uncovered regarding defendants’ conduct as summarized in Plaintiffs’ summary judgment opposition is available below:

Exhibits to Plaintiffs' Legal Memo

Exhibits 1-30
Exhibits 31-46G
Exhibits 47-57B
Exhibits 58A-69D
Exhibits 70-80B
Exhibits 80C-97
Exhibits 98-142
Exhibits 143-167A
Exhibits 167B-191D
Exhibits 192A-208

Attachments to Plaintiffs' Legal Memo

Attachment A-EE
Attachment FF-EEE

Vistnes Report

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 http://www.krcomplexlit.com/cases/detroit-nurse-wages.

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