Fairness hearing set for Tuesday in First Health class action settlementPublished: 2009-06-21 16:09:43Author: Amelia Flood | St. Clair Record | May 22, 2009A fairness hearing is set for Tuesday to determine whether a charitable
contribution of more than $1.2 million is a fair end to a 2004
chiropractor class action suit against an insurance company over claims
adjustments.
Granite City chiropractor Lawrence Shipley and Glen
Carbon chiropractor Richard Coy settled a class action suit against
First Health in Madison County in January.
In the settlement,
First Health did not admit to any wrongdoing. It was to give $1.25
million to a charity. The company would pay $650,000 in attorneys' fees
and costs to Wood River attorney Brad Lakin's firm and a $10,000
incentive award to the class representatives.
On April 8,
Swansea chiropractor Kathleen Roche filed an objection to the
settlement. Roche is the lead plaintiff in a competing class action in
St. Clair County and is represented by Richard Burke of St. Louis.
Roche
argues that the Madison County settlement is "profoundly unfair,
unreasonable and inadequate," according to her objection. Roche
contends that the settlement does not monetarily compensate class
members in light of the fact that the value of the claims in question
could total in the hundreds of millions of dollars.
She claims that the charitable contribution is inappropriate.
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