Sterner v. Portercare Adventist Health System

The notice is to inform you of a proposed Settlement of a class action lawsuit entitled Sterner, et al. v. Portercare Adventist Health System, et al., Case No. 18-cv-34766 (the “Action”), pending in the District Court, City and County of Denver, State of Colorado. The Court has granted preliminary approval of the Settlement and has set a Final Approval Hearing to take place on September 14, 2023 at 8:30 a.m. MT in Courtroom 215, Denver District Court, 1437 Bannock Street, Denver, Colorado 80202, to determine if the Settlement is fair, reasonable, and adequate. Note: This date and time are subject to change by Court Order and may change without further notice to the Class.

The notice describes the proposed Settlement. Your rights and options—and the deadlines to exercise them—are explained in this notice. If you are a Settlement Class Member your legal rights are affected regardless of whether you act.

If you received a Settlement Notice sent on June 6, 2023, and you meet qualification criteria and wish to participate in the Settlement, you must send the information below in writing to the Settlement Administrator so it is sent no later than July 7, 2023. You must include:

1. Your name, address, and telephone number;
2. A copy of your medical records, or other qualifying evidence, showing that between April 5, 2018, and October 5, 2018, you underwent blood testing for bloodborne pathogens (e.g., Hepatitis B, Hepatitis C, and HIV) and that the test results were negative; and
3. The case name and number “Sterner, et al. v. Portercare Adventist Health System, et al., Case No. 2018-cv-34766”.

This information may be sent to one of the following addresses:

Via email:
info@sternervportercarehealth.com

Via mail:
Sterner v Portercare Adventist Health System
Settlement Administrator
P.O. Box 6635
Portland, OR 97228-6635

In summary, the lawsuit alleges that Defendants failed to adequately sterilize surgical instruments, failed to inform the public and medical professionals of this sterilization problem, and unjustly profited from the surgeries it provided during this period of time. Defendants have denied each and every allegation. Before the Court made any decisions in this lawsuit regarding whether the Defendants did anything wrong, this Settlement was reached.

On July 17, 2020, the Court held a hearing on Plaintiffs’ motion for class certification. On July 23, 2020, the Court granted the motion for class certification in part and certified the class as to the unjust enrichment and disgorgement of profits claim.

Plaintiffs filed a lawsuit against Defendants on behalf of themselves and other similarly situated patients alleging that Defendants had failed to adequately sterilize surgical instruments.

Plaintiffs amended their Complaint on February 26, 2019. On March 21, 2019, Defendants filed multiple motions to dismiss the Complaint, which the Court denied.

On July 17, 2020, the Court held a hearing on Plaintiffs’ motion for class certification. On July 23, 2020, the Court granted the motion for class certification in part and certified the Class as to the unjust enrichment and disgorgement of profits claim.

The Court granted preliminary approval for a class action settlement. A Final Approval Hearing is scheduled for September 14, 2023.

If the Court grants final approval of the Settlement, Class Members agree that they release the Defendants from any and all claims related to their surgeries that were the subject of the Settlement Agreement. For details of the release, please see the Settlement Agreement or by contacting Class Counsel (see FAQ 12).

The Final Approval Hearing is scheduled for September 14, 2023 at 8:30 a.m. MT in Courtroom 215, Denver District Court, 1437 Bannock Street, Denver, Colorado 80202 to determine if the Settlement is fair, reasonable, and adequate, and to consider the request by Class Counsel for attorneys’ fees, reimbursement of costs, and the service awards for the named plaintiffs. Note: this date and time are subject to change by Court Order and may change without further notice to the Class.

At the hearing, the Court will hear any comments, objections, and arguments concerning the fairness of the proposed Settlement, including the amount requested by Class Counsel for attorneys’ fees and expenses. If you have filed an objection to the proposed Settlement, the Court has the right to require your attendance at the Final Approval Hearing. You will be contacted by the Court or by Class Counsel if the Court requires your appearance. If you intend to appear at the Final Approval Hearing through your own attorney, your attorney will need to file a notice of intent to appear with the Court. If you appear through your own attorney at the Final Approval Hearing, you are responsible for hiring and paying that attorney.

Pursuant to the Settlement Agreement, Defendants will pay $6,500,000.00 into a Common Fund to settle this class action (“Total Settlement”) for approximately 3,000 Class Members. These funds will be used to pay the costs incurred to prosecute the lawsuit, attorneys’ fees, service awards to the named-plaintiffs, and then to the Class Members. Because the certified claims in this lawsuit did not claim that any individual member of the class was damaged, the remaining Fund will be distributed equally, on a pro-rata basis, to each Class Member. It is estimated that each Class Member will receive approximately $1,250.00.

No money is available now because the Court has yet to give its final approval of the proposed settlement. There is no guarantee that money or benefits ever will be obtained. If they are, you will receive a notice describing how to receive a share.

By doing nothing, you remain in the Class and benefit from the terms of the Settlement Agreement.

The proposed Settlement Agreement will bind Class Members.

If you received a Settlement Notice sent on June 6, 2023, then you may exclude yourself from the Class or submit an objection to the Settlement Agreement by July 7, 2023.

If you received a Settlement Notice sent on June 6, 2023, then your objection to the Settlement Agreement must be postmarked or filed no later than July 7, 2023.

Your written request must include:

• Your name, address, and telephone number,
• An explanation of why you are objecting to the proposed Settlement, and
• The case name and number, “Sterner et al. v. Portercare Adventist Health System et al., Case No. 18-cv-34766.”

Your Objection must be mailed to or filed at the following address:

Court Clerk
Room 256
1437 Bannock Street
Denver, CO 80202

By doing nothing, you remain in the Class and benefit from the terms of the Settlement Agreement. The proposed Settlement Agreement will bind Class Members.

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called Class Counsel. The following lawyers are representing the Class:

Class Counsel
Daniel A. Sloane, Esq. David S. Woodruff, Esq. Megan K. Matthews, Esq. Wahlberg, Woodruff, Nimmo & Sloane, LLP 4601 DTC Boulevard, Suite 950 Denver, CO 80237  1-303-571-5302 www.denvertriallawyers.com	Joseph Zonies, Esq. Greg Bentley, Esq. Zonies Law LLC 1700 Lincoln Street, Suite 2400 Denver, CO 80203  1-720-464-5300 www.zonieslaw.com

From the beginning of the case in 2018 to the present, Class Counsel has not received any payment for their services in prosecuting the class action or obtaining the Settlement, nor have they been reimbursed for any out-of-pocket expenses they have incurred. Class Counsel will request from the Court attorneys’ fees of no more than 33% of the Total Settlement and reimbursement of their out-of-pocket expenses incurred.

In addition, Class Counsel intends to request a service award up to $20,000 for each of the three named plaintiffs who participated in the prosecution of the case, including providing personal medical information, attending multiple depositions, and responding to discovery.

You do not need to hire your own lawyer because Class Counsel is working for you. However, you are welcome to hire your own lawyer at your own expense. If you hire a lawyer to speak for you or to appear in Court, your lawyer must file a Notice of Appearance.

This website contains a summary of your legal rights. If you have questions or would like more information, please read the Notice or Settlement Agreement, or call. 1-855-349-6398.

Please do not contact the Court or Judge Elliff. They cannot answer any questions or discuss the Class Action.