Class Action suit: settled January 5, when will we get our money?

[tdj]

My son had to spend 9 mos in a mental health facility back when he was 13. He's 20 now, and we got a letter in the mail just before Christmas saying that we are involved in a class action lawsuit with Blue Cross for $5 million dollars. I don't remember exactly how many others were involved, but after speaking with the lawyer in charge over the phone, she said that our cut should be between 22k and 60k. Enough to buy a new vehicle. My husband looked it up a few days ago and it said it had been settled on the 5th of January, but when he tried to call the lawyer back asking when we'd see a check, all he got was an automated voice message.

This isn't prison related at all, but I couldn't find any other section for it. Is there a lawyer on here that can shed some light on how much time we may be looking at before we see any money?

[AndyS]

What was the basis of the suit?

[ConCraft]

Pull the settle agreement down from PACER. It will cost you .08 per page. See when the court ordered payment by (it usually does).

You don't need a lawyer for this. It's very easy to research.

[tdj]

Originally Posted by AndyS

What was the basis of the suit?

According to the suit, blue cross was supposed to pay for some mental health treatment, but they refused. As a result, some people either weren't able to get the mental healthcare for that time, or they had to pay out of pocket. For us, it was out of pocket. We had to pay somewhere around $6,000.

[AndyS]

I did a really quick google search and there were multiple pages regarding BCBS suits. Might be worth doing a little google research.

[yourself]

Generally, and this is based on this being not an area I practice in, but cases I saw back when I was a federal clerk, this is what happens:

Once there is a settlement, the contact will switch over to an automated system because everybody and their mother will look into whether they belong to the certified class, and whether they joined the lawsuit within the timeframe necessary to belong to that class. Instead of answering the same question over and over, they tend to use an automated system.

Once there's a settlement reached, the case will usually say that the case has been decided via settlement. Frequently, the amount of the settlement will not appear as it is qualified as "confidential" the confidentiality considered part of the settlement.

The amount of the settlement may be appealable, and the settlement amount may be placed in trust at that point to determine the merits of any and all appeals. So, it could still be a while.

They want you to join the class as the number of people in the class can determine the size of the overall settlement.

The settlement is then reduced by costs and fees, the remainder divided up by class members who have joined the class within a certain timeframe, usually before settlement has been reached. If you don't join the class, it usually means you aren't interested or that you have retained private counsel to pursue your own litigation. The later happens frequently when a plaintiff's injury is substantial and the estimated amount of that plaintiffs portion of any settlement will not be enough to cover the costs of that damage and future damages. Think in terms of a case where most injuries result in $5k damages, but a very few have injuries with an estimated lifetime cost of $500k. The class wants the $500k to join as it really kicks up the overall amount of the settlement, but it is rarely fair to the plaintiff suffering $500k in lifetime damages.

You can always determine which potential law suit is "yours" by looking up both the defendant's name as well as the plaintiff side attorneys.

Oh,mans you are usually limited in the amount of time you can claim your portion of the claim once a settlement has been reached and there has been an actual payout to the Plaintiff's side, and not in trust to the plaintiffs paid to the court while an appeal or several are happening.

This isn't much, I know, but it might help yo with PACER a bit, and explain a bit of what is going on. Basically, the Plaintiff's attorneys are getting hammered with inquiries to demands and even death threats looking for money. The plaintiff's attorneys are doing their algebra, sending out notices to those who can claim, those notices instructing them on how to make a claim and the time frame to do it in.

[tdj]

Originally Posted by yourself

Generally, and this is based on this being not an area I practice in, but cases I saw back when I was a federal clerk, this is what happens:

Once there is a settlement, the contact will switch over to an automated system because everybody and their mother will look into whether they belong to the certified class, and whether they joined the lawsuit within the timeframe necessary to belong to that class. Instead of answering the same question over and over, they tend to use an automated system.

Once there's a settlement reached, the case will usually say that the case has been decided via settlement. Frequently, the amount of the settlement will not appear as it is qualified as "confidential" the confidentiality considered part of the settlement.

The amount of the settlement may be appealable, and the settlement amount may be placed in trust at that point to determine the merits of any and all appeals. So, it could still be a while.

They want you to join the class as the number of people in the class can determine the size of the overall settlement.

The settlement is then reduced by costs and fees, the remainder divided up by class members who have joined the class within a certain timeframe, usually before settlement has been reached. If you don't join the class, it usually means you aren't interested or that you have retained private counsel to pursue your own litigation. The later happens frequently when a plaintiff's injury is substantial and the estimated amount of that plaintiffs portion of any settlement will not be enough to cover the costs of that damage and future damages. Think in terms of a case where most injuries result in $5k damages, but a very few have injuries with an estimated lifetime cost of $500k. The class wants the $500k to join as it really kicks up the overall amount of the settlement, but it is rarely fair to the plaintiff suffering $500k in lifetime damages.

You can always determine which potential law suit is "yours" by looking up both the defendant's name as well as the plaintiff side attorneys.

Oh,mans you are usually limited in the amount of time you can claim your portion of the claim once a settlement has been reached and there has been an actual payout to the Plaintiff's side, and not in trust to the plaintiffs paid to the court while an appeal or several are happening.

This isn't much, I know, but it might help yo with PACER a bit, and explain a bit of what is going on. Basically, the Plaintiff's attorneys are getting hammered with inquiries to demands and even death threats looking for money. The plaintiff's attorneys are doing their algebra, sending out notices to those who can claim, those notices instructing them on how to make a claim and the time frame to do it in.

From my understand, the paper we got said we were already included in it, and that unless we responded, then we were in essence saying we agreed to the settlement. I don't think there's anything left for us to do. I didn't get far with PACER, because it wanted my tax i.d number, which I have no clue what that is or how to get it.

[AndyS]

Originally Posted by tdj

From my understand, the paper we got said we were already included in it, and that unless we responded, then we were in essence saying we agreed to the settlement. I don't think there's anything left for us to do. I didn't get far with PACER, because it wanted my tax i.d number, which I have no clue what that is or how to get it.

It’s your social security number

[yourself]

Taxpayer ID is either a social security number or a TIN - what corporations and similar entities get for the purposes of their taxes. So, if you don't have a social security number, you might have a TIN associated with a corporation, partnership, or other business entity

[tdj]

Update: My husband managed to call the law firm involved in the suit, and she said that all they are waiting on now is for the judge to approve the settlement. Once that happens, the money can be sent out immediately. I am so hoping it is going to be enough for us to pay off one of our most pressing mortgages, which came due on January 1st. It was with the couple that sold us our house, and so far they've been pretty nice about it. I'm guessing that has to do with the fact that we'e already paid them upwards of k120.

[Marseille]

Isn’t this your son’s money?

Nm.... actually your family dynamics are none of my business.

[tdj]

Originally Posted by Marseille

Isn’t this your son’s money?

Nm.... actually your family dynamics are none of my business.

No, that's alright. My son stayed at the treatment place for just under a year, but my husband paid the bill because blue cross refused too. The price tag came to just under $6,000 that we paid, and there was about $5,000 my husbands company paid. My son was only 13 at the time, so no, he didn't pay in anything.

What's interesting is according the paperwork we've received so far, and according to the lawyer, we seem to be having much more then that supposedly come our way. Don't know why. I've received class action checks before from cases I had no idea I was in, but they only amounted to $1.00, and another for 60 cents.

[Marseille]

Originally Posted by tdj

No, that's alright. My son stayed at the treatment place for just under a year, but my husband paid the bill because blue cross refused too. The price tag came to just under $6,000 that we paid, and there was about $5,000 my husbands company paid. My son was only 13 at the time, so no, he didn't pay in anything.

What's interesting is according the paperwork we've received so far, and according to the lawyer, we seem to be having much more then that supposedly come our way. Don't know why. I've received class action checks before from cases I had no idea I was in, but they only amounted to $1.00, and another for 60 cents.

Maybe fewer people joined the suit than they expected?

[AndyS]

Originally Posted by tdj

No, that's alright. My son stayed at the treatment place for just under a year, but my husband paid the bill because blue cross refused too. The price tag came to just under $6,000 that we paid, and there was about $5,000 my husbands company paid. My son was only 13 at the time, so no, he didn't pay in anything.

What's interesting is according the paperwork we've received so far, and according to the lawyer, we seem to be having much more then that supposedly come our way. Don't know why. I've received class action checks before from cases I had no idea I was in, but they only amounted to $1.00, and another for 60 cents.

I wonder if some of the money your husbands company might try to recoup?

So far I’ve received two checks from class action lawsuits. One from Facebook for $10 and one from areotek for $13. I had to put my name in to be part of the lawsuit though. Hey, not much but better than nothing!

[tdj]

Originally Posted by AndyS

I wonder if some of the money your husbands company might try to recoup?

So far I’ve received two checks from class action lawsuits. One from Facebook for $10 and one from areotek for $13. I had to put my name in to be part of the lawsuit though. Hey, not much but better than nothing!

We got a letter saying we were included in the suit, and that no action was required if we were happy with it. But if we chose too, we could be involved in a different suit. It also said that if we didn't respond to the letter, then that meant that we were forfeiting the opportunity to pursue the case of our own accord. I'm fine with how it's going, so we aren't pursuing it individually.

[tdj]

Originally Posted by Marseille

Maybe fewer people joined the suit than they expected?

I think they said something along the lines of having to split $5 million dollars among 12 people. Us being one of them. After attorney's fees, and all the other legal fees, I guess I can see where we'd get around k25 to k30. Sounds too good to be true to me, but these things occasionally happen.

[AndyS]

Originally Posted by tdj

I think they said something along the lines of having to split $5 million dollars among 12 people. Us being one of them. After attorney's fees, and all the other legal fees, I guess I can see where we'd get around k25 to k30. Sounds too good to be true to me, but these things occasionally happen.

I would think if you were only 12 of a 5 million dollar settlement someone would be calling you. 5 mill divided by 12 is over 416,000 a piece. I don’t think attorneys would take that much for fees but I could be wrong.

[tdj]

My husband called them on the lawsuit about a month ago. They said they'd start mailing the checks out on the 16th of this month which was almost a week ago. My husband said what concerned him about it was they told him to check back with them once a month. So I'm wondering now how long does it take to mail out the checks? We look in our mail box every day now in anticipation.

[yourself]

Originally Posted by tdj

My husband called them on the lawsuit about a month ago. They said they'd start mailing the checks out on the 16th of this month which was almost a week ago. My husband said what concerned him about it was they told him to check back with them once a month. So I'm wondering now how long does it take to mail out the checks? We look in our mail box every day now in anticipation.

They gave an estimate, which is why they are asking to check back once a month.

Once they have an amount, the payer needs to actually pay. Depending on the amount, this can be a lot more complicated than just writing a check, depositing it in the Payee's account and then the Payee distributing checks to suit participants.

If we are talking about millions of dollars, we are talking about multiple accounts, most with stocks and bonds and other forms of equity. At any given time, the value of such things changes. Further, when you sell a stock, it takes days to weeks to have access to the funds.

We could also be talking about a company that decides, on the back of a suit, to declare bankruptcy and attempt to discharge the debt through bankruptcy.

Anyway, they had an estimated day that they would be distributing checks if nothing went wrong. Call and check.

[tdj]

Originally Posted by yourself

They gave an estimate, which is why they are asking to check back once a month.

Once they have an amount, the payer needs to actually pay. Depending on the amount, this can be a lot more complicated than just writing a check, depositing it in the Payee's account and then the Payee distributing checks to suit participants.

If we are talking about millions of dollars, we are talking about multiple accounts, most with stocks and bonds and other forms of equity. At any given time, the value of such things changes. Further, when you sell a stock, it takes days to weeks to have access to the funds.

We could also be talking about a company that decides, on the back of a suit, to declare bankruptcy and attempt to discharge the debt through bankruptcy.

Anyway, they had an estimated day that they would be distributing checks if nothing went wrong. Call and check.

Thanks. I doubt they'll file bankruptcy. It's bluecross/shield of Oklahoma.☺️

[nygirl17]

Anything could happen. My husband won a lawsuit from a huge insurance company and they filed bankruptcy and are still in business.