If you received healthcare treatment in South Carolina since January 1, 2014, a class action lawsuit may affect your rights.
Who are the Defendants?
- Mary Black Health System, LLC, d/b/a Mary Black Memorial Hospital
- CHSPSC, LLC
- Professional Account Services, Inc.
Who is in the Class?
The Court has certified the following Class: All individuals who, since January 1, 2014, received any type of healthcare treatment from any entity located in South Carolina that is owned or affiliated with Defendants, while being covered by valid health insurance other than Cigna, and whose medical bills resulting from that treatment were not submitted to their health insurance carrier for potential payment.
What is this case about? The class action lawsuit asserts that the Defendants had a policy and practice of refusing to bill health insurance that impacted every member of the Class by interfering with Class Members’ own relationships with their insurance companies. The lawsuit also alleges that the Defendants attempted to collect larger payments from Class Members than what the Defendants separately contracted for with the insurance companies. The Defendants deny the lawsuit’s allegations. The Court has not decided whether the Defendants are liable or whether the allegations of the lawsuit are true. The Court has only decided that the case should proceed as a class action. The lawsuit is thus ongoing.
What is a Class Action? In a class action lawsuit, one or more people called “Class Representatives” (in this case Jo Ann Blackwell, Michelene Brooks, and Samuel H. Owens, Jr.) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members.”
Can Class Members receive payment now? No. Payment to Class Members is not available at this time. There currently is no settlement and no judgment in this case. There is no guarantee that any money or other relief will be awarded to the Class.
Who represents the Class? The Court appointed the following attorneys as Class Counsel:
John B. White, Jr. P.A. Law Firm
> John B. White, Jr.
> Marghretta H. Shisko
Simmons Law Firm, LLC
> John S. Simmons
> Rachel G. Peavy
Are Class Members responsible for paying Class Counsel? No. If Class Counsel gets money or benefits for the Class, they may ask the Court for fees and expenses. Class Members will not have to pay these fees and expenses. If the Court grants Class Counsels’ request, the fees and expenses would be either deducted from any money obtained for the Class or paid separately by the Defendants.
How do you remain a Class Member? If you are a member of the certified Class, you are not required to do anything to remain a Class Member. If you remain a Class Member, you will be legally bound by the rulings of the Court. Class Members will be notified how to claim their share of a monetary award if Class Counsel prevails. If you remain in the Class, you may not pursue a lawsuit on your own against the Defendants for legal claims that are the subject of this lawsuit. By remaining in the Class, you will be represented by Class Counsel; however, if you prefer, you may have your own attorney appear on your behalf to represent you in the Class Action, at your own expense.
How do you request exclusion from this Class Action? If you do not wish to be a Class Member, and thus want to be excluded, which is sometimes referred to as “opting out,” you must make your request in writing by October 2, 2023. The court will exclude from the Class any member who requests exclusion.
Click here for information on how to request exclusion.
If you choose to opt-out of the Class Action, the decisions of the Court and the results of trial will not be binding on you. In the event of a favorable result at trial or settlement, you will not be eligible to submit a claim to share in any award.
Will there be a trial and do you have to come to Court? Currently, no trial date has been set by the Court to decide who is right in this case. As long as the case isn’t resolved by a settlement or otherwise, Class Counsel will have to prove the Plaintiffs’ claims at a trial at the Spartanburg County Judicial Center. You do not need to attend the trial. Class Counsel will present the case for the Class. You or your own lawyer are welcome to come at your own expense.
Where can you get more information?
Please do NOT telephone or contact the Court or the Clerk of the Court about this notice.