Class action chiropractor turns down settlement offer as lawyers would not get feePublished: 2010-02-22 07:23:36Author: Steve Korris | Madison St. Clair Record | February 4, 2010Local chiropractor Frank Bemis turned down $48 to settle a class action
billing dispute, because his lawyers at LakinChapman wouldn't collect a
fee.
Andrew Kuhlmann of LakinChapman wrote on Jan. 20 that the
offer didn't account for the relief Bemis requested from Employers
Mutual Casualty.
Bemis alleges that Employers Mutual took
discounts from bills of members of preferred provider organizations but
broke a promise to steer patients to them.
"In addition to
reimbursement of all PPO reductions, plaintiff requests an award of
attorney's fees under the Illinois Consumer Fraud Act," Kuhlmann wrote.
"At a minimum, then, attorneys' fees remain outstanding, and plaintiff's claims are not moot," he wrote.
"Because plaintiff seeks relief beyond the alleged tender, there is no
need to even analyze whether the tender could prevent class
certification," he wrote.
His brief buttressed an earlier
motion to certify a class of health care providers who received less
than they billed for workers compensation cases.
Bemis sued in 2005, days before the national class action fairness act took effect.
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