FIRM NEWS

On August 18, 2022, Lear Werts filed a class action lawsuit in the Circuit Court of Callaway County, Missouri against a number of defendants seeking to recover unpaid wages, benefits, and other damages alleged to be owed to workers impacted by the eventual closing of the Callaway County Community Hospital in Fulton, Missouri and the Audrain County Community Hospital in Mexico, Missouri.

Below are answers to frequently asked questions our office has received since the hospitals were formally closed in September, 2022.

Q: What is this lawsuit about?

A: In this case, the Class Representative has sued Platinum Team Management, Noble Health Corporation, Noble Health Management LLC, and NueHealth Management Services LLC (the private equity groups that are alleged to have purchased and operated the Callaway Community Hospital and Audrain Community Hospital) for unpaid wages, employment benefits, civil penalties, consequential damages, attorney’s fees and court costs. The case is Quinn v. Platinum Team Mgmt., et al., No. 22CW-CV00644, and is currently pending before Judge Devine in Callaway County Circuit Court.

Q: What is a class action lawsuit?

A: In a class action lawsuit, one or more people called the Class Representative(s) sue on behalf of other people who have similar claims. The people whose names are not on the lawsuit but who, nonetheless, will recover if the lawsuit is successful are called Class Members. A class action must be formally “certified” by a court.

Q: How is a class action certified?

A: At some point in this lawsuit, the Court will be presented with the question whether or not to certify the class. While there are several technical requirements to certify a class, the analysis essentially boils down to whether it is more efficient, and sufficiently fair to all parties, to decide the case all at once for the entire class. Or does fairness require that the cases be done one at a time. We believe the court is likely to find that class certification is appropriate here. This belief is based on the fact our firm has represented many classes, totaling tens of thousands of employees, in successful lawsuits for unpaid wages and benefits, both from around the country and in mid-Missouri. And our lawyers have many years of experience in class action litigation.

Q: Who is part of the Class in this case?

A: The Class we plan to ask the Court to certify is: “Persons who previously worked for Defendants and did not receive pay for time they worked in 2022 or for whom Defendants did not pay health insurance premiums in 2021 or 2022.” This should cover all the employees from both hospitals that have been left with wages and benefits unpaid.

Q: How do I know I am included?

A: We have defined the class in a way that should cover 100% of the employees of the Audrain and Callaway County hospitals who have been left with unpaid wages. If a class is certified in this case, the Court will send out a notice form to each member of the class. That notice will provide information on the case. We will also publish periodic updates on this page, and we will email updates to those individuals who request more information. You may contact us at platinumclassaction@learwerts.com or (573) 875-1991 for more information.

Q: When can I expect to receive any money?

A: We believe this is a strong case where liability is concerned for the Defendants’ conduct. Indeed, our office will only be paid for our work on this case if we recover for the class. We would not take on a case if we did not believe there was a strong likelihood of recovery. Even still, we cannot guarantee that we will win or that you will receive a recovery. And unfortunately, the litigation process moves slowly, and a class action case can take a long time.

Q: What damages is the class action seeking?

A: The class action seeks the unpaid wages, unpaid minimum wages, the value of unpaid health insurance premiums deducted from employees’ paychecks, certain liquidated damages, and all other damages allowed by law.

Q: If there is a recovery, how will it be divided?

A: This can vary depending on a number of factors. Typically, the recovery is generally divided based on how much the various class members are owed. Any allocation formula must be approved by the judge presiding over the case whether the case is settled or a judgment is rendered by the court.

Q: How are the lawyers being paid?

A: Our office has been retained on a contingency basis. That is, we are only paid if there is a recovery for the class. Our office is also responsible for advancing the costs and expenses necessary to prosecute the litigation. If the case ends in a successful recovery for the class, then we will be paid an attorney fee based on a percentage of what we recover for the class unless there is a separately allocated attorney fee. In any event, any fee we may receive must be approved by the Court after the class is given notice of the proposed fee and has an opportunity to object to that fee if they believe it is unreasonable. In addition to the attorney fee the court may approve, the court also may approve reimbursement of the money we spend pursuing the case on behalf of the class.

Q: Do I need to do anything now?

A: Not at this time. This class action does not require anyone to “opt in” to be covered. However, our law firm has been collecting contact information for those individuals who are interested in receiving updates about this case or who have individual questions. Having this information will help individuals stay up to date on the litigation, and, if a judgment or settlement is reached in this case, ensure the Court will have access to up-to-date contact information for those who may be entitled to any payment. You may contact us at platinumclassaction@learwerts.com or (573) 875-1991 for more information.

Q: What information may I share, and what information should I not share?

A: Publicly available information, including case filings, or any information on our website can be freely shared. However, you should not share any information contained within communications (either written or verbal) from an attorney or from another class member about things they have talked to an attorney about. Attorney-client communications are generally privileged, but discussing those communications with another person may waive that privilege and subject those communications to discovery. Such disclosures can inadvertently provide the defendants with an advantage in the litigation that could make it harder, and perhaps in some instances even impossible, to recovery the unpaid wages, benefits, and damages you are owed. In addition, it should be remembered that the attorneys representing the defendants will almost certainly obtain anything that is shared on social media.

Q: If the case takes long enough that someone passes away before the end, what happens to the money they are owed?

A: A legal claim is a sort of property. And like any property, it passes to a person’s spouse or heirs either through a will, trust, or the probate process.

Q: May I speak to a lawyer?

A: For those who would like more information, including to have a conversation with one of our attorneys, we encourage you to contact our office at platinumclassaction@learwerts.com or (573) 875-1991.