Counsel Announce Settlement in Uninsured Pricing Class Action Against Scripps Health

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Thu Jan 31, 2008 12:00pm EST

SAN FRANCISCO--(Business Wire)--Kelly M. Dermody of Lieff Cabraser Heimann & Bernstein, LLP,
announced today that the parties have settled a class action lawsuit
filed against Scripps Health ("Scripps") regarding pricing and
collection practices for uninsured patients at its affiliate
hospitals. Ms. Dermody is court-appointed lead counsel for the Class.

   The settlement, which will be considered for preliminary approval
before San Diego County Superior Court Judge Steven R. Denton on
February 1, 2008, resolves the Class Representative's and Class
members' claims against Scripps and its affiliated hospitals.

   Settlement Terms

   As part of the settlement, Class members will be entitled to make
a claim for 35% refunds or deductions from their prior hospital bills
for treatment occurring between July 19, 2002 and the date of
preliminary settlement approval. Low-income uninsureds may also seek
to qualify their past bills for free or reduced care beyond the 35%
discount. Scripps has also agreed to maintain compassionate pricing
and collections policies going forward, including across-the-board
discounts for all uninsured patients, regardless of income; enhanced
charity discounts to enable moderate-income uninsureds to receive even
greater discounts; financial counseling to uninsured patients to help
them qualify for discounted pricing or receive extended payment plans;
increased communications to uninsureds about Scripps pricing policies;
and limits on collections practices and collections lawsuits. In
addition, Scripps has agreed to maintain its uninsured pricing and
collections policies going forward for at least four years, among
other things. Scripps denies wrongdoing and liability in the case.

   Settlement Class

   The proposed Settlement Class includes any patient who:

   (1) from July 19, 2002 to the date of the Court's preliminary
approval order;

   (2) received any form of medical treatment as a result of
initially presenting at the Emergency Department of a Scripps hospital
or affiliate;

   (3) were uninsured at the time of treatment; and

   (4) did not receive any discount or waiver of the charges for
treatment.

   Background

   This class action originated on July 19, 2006, when uninsured
patient Phillip Franklin filed a class action cross-complaint against
Scripps Health, a not-for-profit hospital system based in San Diego,
after Scripps sued Mr. Franklin through a collection agency. Mr.
Franklin was uninsured at the time of treatment. Mr. Franklin alleged
that he, like other uninsured patients at Scripps, was charged
unreasonable, unconscionable and excessive rates for his treatment. In
June 2007, the Court granted the case class action status. The Court
also appointed Mr. Franklin as the Class Representative and Lieff
Cabraser Heimann & Bernstein, LLP to serve as Class Counsel.

   "The settlement achieves the goals of the lawsuit: a fair system
of pricing for Scripps's uninsured patients during the Class period,
and maintenance of policies and practices designed to ensure that this
vulnerable population is treated fairly going forward. We commend
Scripps for taking a leadership role on this important issue," said
Lead Class Counsel Kelly M. Dermody, partner in the firm Lieff
Cabraser Heimann & Bernstein, LLP, in San Francisco, California.

   Phillip Franklin, the Court-appointed Class Representative said,
"I am very pleased that Scripps will maintain progressive policies for
uninsured patients and that it will have more oversight over its
outside collections agent. I hope uninsured patients will come forward
and get involved in the settlement claims process because they will
get automatic discounts and could even qualify for free care."
Franklin added, "I am proud to have played a part in this result."

   Scripps Health operates the following hospitals in the San Diego
area: Scripps Memorial Hospital Encinitas, Scripps Mercy Hospital
Chula Vista, Scripps Memorial Hospital La Jolla, Scripps Mercy
Hospital, and Scripps Green Hospital. Scripps Mercy Hospital Chula
Vista became a campus of Scripps Mercy Hospital in October 2004.

   Reporters seeking further information on the Scripps Health class
action or a copy of the Court's order should contact attorney Kelly M.
Dermody at (415) 956-1000.

   About Lieff Cabraser Heimann & Bernstein, LLP

   With three offices nationwide and on the web at
www.lieffcabraser.com, Lieff Cabraser is one of the largest law firms
in America dedicated solely to advancing the rights of plaintiffs. For
the last five years, The National Law Journal has selected Lieff
Cabraser as one of the top plaintiffs' law firms in the United States.

Lieff Cabraser Heimann & Bernstein, LLP
Jahan C. Sagafi, 415-956-1000
Kelly M. Dermody, 415-956-1000

Copyright Business Wire 2008
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