KEISHA DESSELLE, ET AL : 12TH JUDICIAL DISTRICT COURT
VS. NO. 2010-5885 "A" : PARISH OF AVOYELLES
ACADIAN AMBULANCE SERVICE, INC. : STATE OF LOUISIANA
NOTICE OF CLASS ACTION
THIS IS TO NOTIFY YOU THAT THE ABOVE LAWSUIT HAS BEEN CERTIFIED AS A CLASS ACTION, THAT YOU HAVE BEEN IDENTIFIED AS A PROBABLE MEMBER OF THE CLASS AND THAT YOU HAVE CERTAIN RIGHTS INCLUDING THE RIGHT TO BE EXCLUDED FROM THE CLASS
THIS NOTICE EXPLAINS:
A. The Lawsuit and the Relief Sought,
B. Your Rights as a Class Member,
C. Names and Addresses of Class Representatives,
D. Names and Addresses of Class Counsel.
A. The Lawsuit and the Relief Sought
A class action lawsuit was filed on October 25, 2010 alleging that Acadian Ambulance Service, Inc. ("Acadian Ambulance") violated La. R.S. 22:1874 by unlawfully failing to submit claims to plaintiffs' health insurers and/or by unlawfully attempting to collect and/or collecting an amount of money above the contracted discounted rates negotiated between Acadian Ambulance and the plaintiffs' health insurers, and/or by unlawfully attempting to collect and/or collecting an amount owed by the plaintiffs' health insurers rather than by plaintiffs. According to the allegations of the lawsuit, when Acadian Ambulance determines that a third party may be at fault for a patient's injuries, Acadian Ambulance has a policy that it attempts to recover the full rate from its patients' recovery from any third party (such as settlements or judgments) resulting from the accident rather than accepting the contracted discounted rate agreed to between Acadian Ambulance and the patient's health insurer.
Acadian disagrees with plaintiffs' interpretation of La. R.S. 22:1872 and 22:1874 or the underlying contracts at issue, denies that the named plaintiffs, or the class they purport to represent, have any right or cause of action against Acadian under R.S. 22:1872 or 22:1874, and denies that plaintiffs or any member of the class has any right to recovery in this lawsuit.
The court has certified the following class of persons:
All persons who received "covered health care services" as defined by La.R.S. 22:1872(8) provided by Acadian Ambulance Service, Inc. ("Acadian"]; and at the time of the covered health care services had "Health Insurance Coverage" as defined by La. R.S. 22:1872(18); and from whom Acadian attempted to recover any amount in excess of the "contracted reimbursement rate" as defined by La. R.S. 22:1872(7) and/or who paid Acadian in any manner including but not limited to liability insurance proceeds and/or from proceeds of a settlement or judgment, an amount in excess of the "contracted reimbursement rate" either directly and/or through their attorney and/or through a liability insurance carrier and/or any third party.
The class is composed of the following subclasses:
"Attempt to Recover" subclass: A subclass of persons who received covered health care services, and who had health insurance coverage, and from whom Acadian attempted to recover any amount in excess of the "contracted reimbursement rate" from October 25, 2009 through date of judgment.
Payor subclass: A subclass of persons who received covered health care services, and who had health insurance coverage, and/or who paid Acadian in any manner including but not limited to liability insurance proceeds and/or from proceeds of a settlement or judgment, an amount in excess of the "contracted reimbursement rate" either directly and/or through their attorney and/or through a liability insurance carrier and/or any third party, from January 1, 2004 through date of judgment.
Plaintiffs are asking the court to order Acadian Ambulance to return all monies collected from the insured patients, whether collected directly from the patient, an attorney, liable third party, or from a liability insurance company, along with general damages, statutory penalties and attorney's fees. Plaintiffs are also asking the court to prohibit Acadian Ambulance from continuing the practice. Acadian Ambulance contends that its actions were proper and legal and will ask the court to dismiss the lawsuit. The merits of the matter have not been decided and will ultimately be decided by the court or by a jury.
B. Your Rights as a Class Member
You have been identified by Acadian Ambulance as a probable class member. To be included as a member of the class, you need not do anything at all. If you do not wish to be included in this class action, you must write class counsel at the address below within forty-five (45) days of the postmark of this notice, and state that you want to be excluded from the class. Also, if you do not wish to be included in the class, you may download an exclusion form from www.ambulanceclass.com and send it to Class Counsel within forty-five (45) days of the postmark of this notice. If you choose to be excluded from the class, you will be forever barred from making any claim under this class action. However, you will have the right to bring an individual lawsuit on your own behalf against the defendant if you bring it within the time allowed by law.
Please remember that you have the right to confer with and to obtain your own attorney to represent you in this matter at your own expense. If you want to intervene or appear through your own attorney, you must do so within forty-five (45) days of the postmark of this class notice. Otherwise, you will be represented by Class Counsel in all further court proceedings. You will not be billed for this representation. If the class is successful, attorneys' fees may be awarded by the court but, as a class member, you will have no personal responsibility to pay attorneys' fees.
If you are not excluded from this class, you will be bound by the judgment in this case, whether favorable or not.
You may be required as a condition of participation in any recovery through settlement or trial to present evidence respecting your membership in the Class or Subclass, and the monetary relief to which you are entitled. You should, therefore, preserve documents reflecting any services provided to you by Acadian Ambulance. However, if you do not have any of the documentation discussed above, this does not necessarily prohibit you from participating in the recovery or from being a member of the Class or Subclass. You are also requested to notify Class Counsel of any corrections or changes in your name or address.
C. Names and Addresses of Class Representatives
The class representatives are:
Keisha Desselle
c/o BRIAN M. CAUBARREAUX & ASSOCIATES
144 West Tunica Drive
Post Office Box 129
Marksville, Louisiana 71351
Terry Dupuy
c/o BRIAN M. CAUBARREAUX & ASSOCIATES
144 West Tunica Drive
Post Office Box 129
Marksville, Louisiana 71351
D. Class Counsel in this matter are:
DERRICK EARLES
BRIAN M. CAUBARREAUX & ASSOCIATES
144 West Tunica Drive
Post Office Box 129
Marksville, Louisiana 71351
J. LEE HOFFOSS, JR.
CLAUDE P. DEVALL
NEWMAN, HOFFOSS & DEVALL, LLP
1830 Hodges Street
Lake Charles, Louisiana 70601
SCOTT R. BICKFORD
LAWRENCE J. CENTOLA, III
MARTZELL& BICKFORD
338 Lafayette Street
New Orleans, Louisiana 70130
Any inquiries concerning this matter should be submitted in writing to:
LAWRENCE J. CENTOLA, III
MARTZELL& BICKFORD
338 Lafayette Street
New Orleans, Louisiana 70130
acadianclassaction@mbfirm.com
The record of this matter is available for inspection in the offices of the Avoyelles Parish Clerk of Court, 12TH JUDICIAL DISTRICT COURT, Avoyelles Parish Courthouse, 301 North Main Street, Marksville, La. 71351 during normal business hours. Please do not call the judge or the clerk of court; they will not be able to give you any information or any advice concerning this lawsuit.