Who is a Class Member
The Florida HCA-Affiliate Hospitals ER Services class action settlement includes “all Persons who (1) who receive medical services in the emergency department of a Florida HCA-Affiliated Hospital, for four years from the effective date to decided by the court, (2) whose Florida PIP Insurance pays for a portion of the medical services rendered by the Florida HCA-Affiliated Hospital, (3) who lack secondary insurance applicable to the medical services received from the Florida HCA-Affiliated Hospital or a personal injury settlement related to the accident that caused the person to receive the applicable medical services, and (4) who have a remaining balance after their Florida PIP Insurance pays the Florida HCA-Affiliated Hospital.”
Florida HCA-Affiliated Hospitals include:
- Aventura Hospital and Medical Center
- Blake Medical Center
- Brandon Regional Hospital
- Capital Regional Medical Center
- Central Florida Regional Hospital
- Citrus Memorial Hospital
- Doctors Hospital of Sarasota
- Englewood Community Hospital
- Fawcett Memorial Hospital
- Fort Walton Beach Medical Center
- Gulf Coast Medical Center
- Highlands Regional Medical Center
- JFK Medical Center
- Kendall Regional Medical Center
- Lake City Medical Center
- Largo Medical Center
- Lawnwood Regional Medical Center & Heart Institute
- Medical Center of Trinity
- Memorial Hospital Jacksonville
- Memorial Hospital of Tampa
- North Florida Regional Medical Center
- Northside Hospital
- Northwest Medical Center
- Oak Hill Hospital
- Ocala Regional Medical Center
- Orange Park Medical Center
- Osceola Regional Medical Center
- Oviedo Medical Center
- Palms of Pasadena Hospital
- Palms West Hospital
- Plantation General Hospital
- Poinciana Medical Center
- Putnam Community Medical Center
- Raulerson Hospital
- Regional Medical Center Bayonet Point
- South Bay Hospital
- St. Lucie Medical Center
- St. Petersburg General Hospital
- Tampa Community Hospital
- Twin Cities Hospital
- University Hospital and Medical Center
- West Florida Hospital
- Westside Regional Medical Center
If you don’t qualify for this settlement, check out our database of other class action settlementsyou may be eligible for.
Under the terms of the Settlement, Class Members’ bills will be discounted by at least 85%. This discount will be calculated based on the Class Member’s remaining bill after payment by Florida PIP Insurance and payment from any personal injury settlement is made to the Florida HCA-Affiliated Hospital.
Proof of Purchase
Florida HCA-Affiliate Hospitals ER Services Settlement Notes
- Herrera, et al. v. JFK Medical Center Limited Partnership, et al.
- Case No. 8:14-cv-2327
- Pending in the U.S. District Court for the Middle District of Florida
Plaintiffs Marisela Herrera and Nicolas Acosta filed this class action lawsuit alleging they and other patients who received emergency medical treatment at an HCA-operated facility, including JFK Medical Center following a car accident were billed “exorbitant and unreasonable” charges for X-ray services that were partially covered through their Florida Personal Injury Protection insurance coverage or PIP.
PIP is required of all drivers in Florida in the amount of $10,000 per person. By statute, hospitals treating patients covered by PIP may charge the insurer and the injured party only a “reasonable amount” for services and supplies rendered. However, according to the complaint, the HCA-affiliated hospitals and emergency facilities charged PIP patients rates for X-Ray services that were up to 65 times higher than the hospitals’ usual and customary charges and/or payments accepted for similar X-Ray services for non-PIP patients.
In Herrera’s case, she was involved in an automobile accident in April 2013. As a result of the accident, she needed medical care and treatment, which she received through the emergency department at JFK Medical Center. The ER physician who treated Herrera ordered a CT scan of her cervical spine without contrast; a CT scan of her brain without contrast; an x-ray of her lumbar spine with 4 views; and an x-ray of her thoracic spine with 3 views. JFK Medical Center billed the following “exorbitant and unreasonable” charges for these Services: $5,900 for the CT scan of her spine; $6,404 for the CT scan of her brain; $3,359 for the lumbar spine x-ray; and $2,222 for the thoracic spine x-ray.
“Because of the exorbitant and unreasonable amounts of these charges, Plaintiff Herrera’s PIP coverage of $10,000 was prematurely exhausted, she was billed by JFK Medical Center for Radiological Services that were not paid by her PIP insurer, and she had to pay out of pocket for other medical services rendered by third party providers that would have otherwise been covered by her PIP benefits if not prematurely exhausted by the hospital’s unreasonable charges,” the lawsuit states.
To date, Herrera has been billed over $6,500 by JFK Medical Center for X-Ray services. She has also separately paid over $4,000 out of pocket for medical services rendered by third parties related to her automobile accident, and these charges would have been covered in full or in part by her PIP benefits if not prematurely exhausted by the exorbitant and unreasonable amounts of the hospital’s charges.
The Defendants deny the allegations. Complete details about the case and settlement are provided on the JFK Medical Center X-Ray Billing settlement website.
- 11/15/18: Objection or Exclusion Deadline
- 12/13/18: Final Hearing at 9:15 am ET (class members do not need to attend this hearing in order to receive a slice of the settlement pie).
*Settlement Class Members who wish to speak at the hearing should check www.FloridaPIPInsuranceSettlement.com to confirm that the date or time of the Hearing has not been changed.
- Mail: (Class Counsel) Cohen Milstein Sellers & Toll, 2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410
- Phone: 202-408-4600
- Theodor Leopold, Andrew Friedman, Douglas McNamara, and Eric A. Kafka of Cohen Milstein Sellers & Toll PLLC