United States District Court, W.D. Washington
ALEXANDRA CARR an individual, on her own behalf, on behalf of THE KAISER ALUMINUM FABRICATED PRODUCTS LLC MEDICAL CHOICE PLUS HOURLY ACTIVE UNION PLAN, and on behalf of similarly situated individuals, Plaintiff,
UNITED HEALTHCARE SERVICES, INC., a Delaware corporation. Defendant.
ORDER (1) FINALLY APPROVING
SETTLEMENT AGREEMENT; (2) APPROVING DISBURSEMENTS PURSUANT TO
SETTLEMENT AGREEMENT; (3) APPROVING PAYMENT OF COST OF CLAIMS
ADMINISTRATION AND CLASS NOTICE, LITIGATION COSTS, CASE
CONTRIBUTION AWARD AND ATTORNEYS' FEES; AND (4) ORDERING
February 10, 2017, the Court preliminarily approved a
proposed Settlement Agreement between plaintiff on behalf of
the class and defendant United Healthcare Services, Inc. Dkt.
No. 77, In conjunction with that Order, the Court directed
that the Claims Processor mail the Class Notice (Dkt. No.
73-2) to the Class Notice Recipients and provide the Court
with confirmation of compliance by March 22, 2017.
See Dkt. No. 78 (confirming mailing of Class
Notice). Class counsel also established a settlement webpage
consistent with the Preliminary Approval Order, containing
the Class Notice, the Claim Form Materials and key filings in
the litigation, including the Motion for Attorneys' Fees,
Litigation Costs and Incentive Awards. See
http://www.symslaw.com/uhcsettlement/ (last visited
Preliminary Approval Order also provided that class members
who wished to comment on or object to the proposed Agreement
to do so by April 21, 2017. Class members were informed of
their rights and of this deadline in the notices that were
mailed to them and on class counsel's website.
Order further scheduled a final settlement hearing, which was
held on June 2, 2017 at 9:00 a.m., to consider any objections
and comments submitted by class members and to determine
whether the proposed Agreement is fair, reasonable, adequate
and should be approved by the Court.
parties have reached a Settlement Agreement that confirms
plan amendment to prospectively cover medically necessary
mental health services without special treatment limitations
imposed only on mental health services. The Agreement also
established a process for re-processing of mental health
claims denied or limited due to the application of the
Challenged Mental Health Treatment limitations, the exact
terms of which are set out in the Agreement.
Agreement also establishes a settlement fund to pay all
reprocessed claims. .Under the terms of the Agreement, this
fund will be used to pay for re-processed claims only.
Under the terms of the Settlement Agreement, the costs of
claims administration, class notice, litigation costs, case
contribution award and attorneys fees shall be paid from a
payment of $110, 000 from defendant UHC to class counsel.
Court's Preliminary Approval Order required the Claim
Processor to mail court-approved notice to class members by
direct mail. The notices informed class members that they had
an opportunity to object or submit comments to the Court
regarding the proposed Agreement and that they must do so in
writing by April 21, 2017.
Consistent with the Order, defendant provided notices and
materials required under the Class Action Fairness Act
("CAFA"), 28 U.S.C. § 1715(b).
Class Notices were mailed to all identified settlement class
members. No class members objected to the Settlement
Agreement. No class members submitted comments.
23(e) provides that "a class action shall not be
dismissed or compromised without the approval of the
court...." Compromise and arbitration of complex
litigation is encourage and favored by public policy. See