Walker v. Hunter Donaldson, LLC
HomeCase DocumentsFrequently Asked QuestionsContact Us

Frequently Asked Questions


  1. Who is a member of the settlement class?
  2. What are my options as a class member?
  3. What is this case about?
  4. When is the Final Approval Hearing?
  5. What is the amount of the Common Fund?
  6. How much will class members receive?
  7. How much will Class Counsel receive?
  8. How do I file a claim?
  9. How do I object to the settlement?
  10. How do I exclude myself from the settlement?
  11. How do I get more information?

 



  1. Who is a member of the settlement class?

    The Court has ruled that the following people are members of the proposed Settlement class: 

    Persons (1) on whose accounts MultiCare received a payment as the result of a medical services lien notarized by Rebecca Rohlke or (2) whose personal injury settlement funds were held in trust by their attorneys in order to satisfy a medical services lien notarized by Rebecca Rohlke but no payment was received by MultiCare.

    Top

  2. What are my options as a class member?

    As a class member, you may choose to:

    • Receive a portion of cash benefits of the proposed Settlement.  (To share in the benefits of the proposed Settlement, you must mail a Claim Form by March 2, 2015).
    • Object to the proposed Settlement.  (To object, you must mail an objection by January 15, 2015).  You may both object and file a Claim Form to share in the benefits of the proposed Settlement if the settlement is approved.
    • Exclude yourself from the action.  To exclude yourself from the Settlement you must mail a statement indicating your desire to exclude yourself from this action by January 15, 2015.
    • Do nothing in which you will be bound by the terms of the Settlement, including releasing all claims you currently have against MultiCare and Hunter Donaldson, and yet receive no cash benefits.
    • You also have the right to remain in this action through representation of attorneys other than Class Counsel.  You will be responsible for retaining and paying these other attorneys. 

    Top

  3. What is this case about?

    The named Plaintiffs filed this case as a proposed class action.  The proposed class action lawsuit asserts claims against MultiCare alleging that MultiCare and Hunter Donaldson recorded medical services liens that were fraudulently notarized by Rebecca Rohlke against class members with the Pierce and King County Auditor’s Offices.  The proposed class action lawsuit also alleges that, in some instances, MultiCare and Hunter Donaldson unlawfully recorded these liens instead of billing class members’ commercial or government health insurance. 

    Plaintiffs and MultiCare have reached a proposed Settlement in the lawsuit.  To receive a share of the Settlement benefits, you must file a claim by mail, postmarked on or before March 2, 2015, to the Settlement Administrator.

    Top

  4. When is the Final Approval Hearing?

    The Court will hold a hearing in the Courtroom of Judge Costello, Superior Court of Pierce County, in Tacoma, Washington, at 9:00 am on January 30, 2015, to determine whether the Court should finally approve the proposed Settlement.

    Top

  5. What is the amount of the Common Fund?

    MultiCare will pay $7.5 million into a fund, which will be available for payments to Class Members, Class Counsel, and Plaintiff Class Representatives.

    Top

  6. How much will class members receive?

    If, before the date of this class action settlement, MultiCare received a payment on a class member’s account as a result of a Rohlke-notarized medical services lien, the class member will receive: (1) 45 percent of the payment MultiCare received if the class member has no health insurance, either commercial or through the government; (2) 65 percent of the payment MultiCare received if the class member had government-sponsored insurance (such as Medicare and Medicaid) at the time of treatment; (3) 150 percent of the payment MultiCare received if the class member had commercial health insurance through an insurer that had a contract with MultiCare at the time of treatment, and if MultiCare’s records at the time of treatment indicated such insurance, plus nine percent interest; (4) 100 percent of the payment received by MultiCare if the class member had commercial health insurance through an insurer with whom MultiCare had a contract at the time of treatment, but MultiCare’s records at the time of treatment did not indicate such insurance, plus nine percent interest; and (5) where total medical service lien payments exceeded 25 percent of the class member’s total settlement amount or award received for their personal injuries, 150 percent of the amount by which payment to MultiCare exceeded the 25% limit, plus nine percent interest. 

    If, before the Settlement Date, a class member’s payment for their injuries was held in a trust account by his or her attorney in order to pay a Rohlke-notarized lien but no payment was received by MultiCare, the class member will receive a payment of 10 percent of the amount held in the bank account (in addition to the amount in the bank account).

    Payments to class members will be reduced by any amounts owed to MultiCare for medical treatment for which MultiCare did not file a Rohlke-notarized lien.  MultiCare will not reopen a class member’s closed account to seek further payment because a class member receives payment under this Settlement.

    Top

  7. How much will Class Counsel receive?

    Class Counsel has been representing the named Plaintiffs on a 1/3 contingency fee basis—that is, Class Counsel would be paid 1/3 of any recovery achieved for the Plaintiffs and the class, and would receive no payment if no recovery was achieved.  Class Counsel intend to seek court approval of a fee  equal to one third of $7,581,000, as well as reimbursement for their out-of-pocket litigation costs.  The fee requested by Class Counsel will compensate them for their efforts in achieving a Settlement for the benefit of the class, and for their risk in undertaking this representation on a contingency basis.  The actual amount awarded Class Counsel for fees and costs will be determined by the Court.

    Top

  8. How do I file a claim?

    In order to receive a share of the cash benefits of the settlement, you must complete a claim form and deliver to Gilardi & Co., LLC, the Settlement Administrator, on or before March 2, 2015.  Any class member who fails to properly complete a Claim Form and deliver it to the Settlement Administrator by the deadline will not receive any share of the cash benefits of the Settlement but will still be bound by the Settlement Agreement. A Claim Form was included with the Notice you received in the mail. You can also download a copy of a blank claim form by visiting the Case Documents tab. Or you may contact the Settlement Administrator at 1-888-285-9184.

    Top

  9. How do I object to the settlement?

    Objections by class members to the proposed Settlement will be considered by the Court, but only if the person raising such objections files with the Clerk for the Superior Court for Pierce County, Washington, and serves on Class Counsel and counsel for MultiCare, no later than Thursday, January 15, 2015, at the address set forth in Section VI, below, a written statement of his or her objections and the legal and/or factual bases for those objections.  The written statement of objections must: (1) bear the case name and cause number (Walker v. Hunter Donaldson, LLC, Cause Number 13-2-08746-0); (2) captioned as an “OBJECTION TO PROPOSED SETTLEMENT”; and (3) contain the name, address, and telephone number of the objecting party and his or her attorneys, if any.  Any person who properly delivers a written statement of objection as specified herein may appear at the Fairness Hearing in person or through counsel to show cause why the proposed Settlement with MultiCare should not be approved as fair, adequate, and within the realm of reasonableness.  As long as an objection is properly delivered as set forth above, the Court will consider it even if the objecting party is not present at the Fairness Hearing.  An objecting party must also file a Claim Form to share in the Settlement proceeds if the settlement is approved.

    No objection, and no pleadings or papers relating to any objection, shall be heard or considered by the Court unless the objecting party has fully complied with the requirements of the paragraph above.  Any class member who does not properly deliver a written statement of objections in the manner specified herein shall be deemed to have waived any and all objections for all purposes.  Attendance at the Fairness Hearing is not necessary; however, class members wishing to be heard orally in opposition to the proposed Settlement and/or the Plan of Distribution should indicate their wish to be heard orally in their written objection their intention to appear at the Fairness Hearing.

    Objections to the proposed Settlement Agreement must be filed with the Clerk of the Pierce County Superior Court and mailed to Class Counsel and counsel for MultiCare at the following addresses:

    Clerk of the Pierce County Superior Court

    930 Tacoma Ave S #110
    Tacoma, WA 98402

    Plaintiff Counsel

    Darrell Cochran, Esq.
    PFAU COCHRAN VERTETIS AMALA
    911 Pacific Avenue Suite 200
    Tacoma, WA 98402

    Defense Counsel

    Michael Madden, Esq.
    BENNETT BIGELOW & LEEDOM
    601 Union Street, Suite 1500
    Seattle, WA 98101

    Top

  10. How do I exclude myself from the settlement?

    You may exclude yourself from the Settlement class, in which case you will not receive a portion of the settlement funds.  If you exclude yourself, you are not bound by the determination in this case.  To exclude yourself, you must submit a statement indicating your desire to exclude yourself to the Settlement Administrator at the address below by January 15, 2015:

    Walker v MultiCare Settlement Administrator

    c/o Gilardi & Co. LLC

    P.O. Box 8060

    San Rafael, CA 94912-8060

    Top

  11. How do I get more information?

    Any questions you have concerning the matters contained in this notice (and any corrections or changes of name or address) should NOT be directed to the Court but should be directed to the Settlement Administrator at the below address and/or telephone number.

    Claim Forms and/or requests to be excluded from the settlement class should be mailed to the Settlement Administrator at the following address:

    Walker v MultiCare Settlement Administrator
    c/o Gilardi & Co. LLC
    P.O. Box 8060
    San Rafael, CA 94912-8060
    1-888-285-9184

    Top