Frequently Asked Questions
- Why is the Notice being provided?
- What is this lawsuit about?
- Why is the lawsuit a class action?
- Why is there a settlement?
- How do I know if I am part of the Settlement?
- Are there exceptions to being included in the Settlement?
- What if I am still not sure whether I am part of the Settlement?
- What does the Settlement provide?
- What am I giving up to receive Settlement benefits or stay in the Settlement Class?
- What are the Released Claims?
- How do I make a claim for Settlement benefits?
- What happens if my contact information changes after I submit a claim?
- When will I receive my Settlement benefits?
- Do I have a lawyer in this case?
- How will Class Counsel be paid?
- How do I get out of the Settlement?
- If I opt out, can I get anything from the Settlement?
- If I do not opt out, can I sue the Defendants for the same thing later?
- How do I tell the Court that I do not like the Settlement?
- What is the difference between objecting and asking to opt out?
- When and where will the Court decide whether to approve the Settlement?
- Do I have to attend the Final Fairness Hearing?
- May I speak at the Final Fairness Hearing?
- What happens if I do nothing at all?
- How do I get more information?
- I received an email from EpiqPay. What is the email about and is the email legitimate?
- What is EpiqPay?
- How do I claim my EpiqPay payment?
- After choosing my preferred payment options, will I receive my payment instantly/immediately?
Why is the Notice being provided?
A state court authorized the Notice because you have the right to know about the proposed Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.
The Honorable Kenneth B. Povodator is overseeing this class action. The case is known as Kent, et al. v. Women’s Health USA, Inc., et al., Case No. FST-CV-21-6054676-S (Superior Court Judicial District of Stamford/Norwalk) (the “Action”). The people who filed this lawsuit are called the “Plaintiffs” or “Plaintiff Class Representatives” and the companies sued, Women’s Health USA, Inc.; In Vitro Sciences, LLC; Center for Advanced Reproductive Services, P.C. (“CARS”); and Reproductive Medicine Associates of Connecticut (“RMACT”) are called the “Defendants.”Back To Top
What is this lawsuit about?
The Plaintiffs allege that they were injured as a result of Defendants’ participation in a conspiracy to artificially raise, fix, maintain, or stabilize prices for Assisted Reproductive Technology (“ART”) services and to allocate geographic markets for ART services, which resulted in restricted competition and artificially high prices in violation of the Connecticut Antitrust Act.
The Defendants deny any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. The Defendants deny these, and all other claims made in the Action. By entering into the Settlement, the Defendants are not admitting any wrongdoing.Back To Top
Why is the lawsuit a class action?
In a class action, Plaintiff Class Representatives sue on behalf of all people who have similar claims. Together, all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves (opt out) from the Settlement Class.Back To Top
Why is there a Settlement?
The Plaintiffs and Defendants do not agree about the claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendants. Instead, the Plaintiffs and Defendants have agreed to settle the Action. Plaintiffs and the attorneys for the Settlement Class (“Class Counsel”) believe the Settlement is best for all Settlement Class Members because of the Settlement benefits and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by the Defendant.Back To Top
How do I know if I am part of the Settlement?
You are a “Settlement Class Member” if you purchased or paid for, in whole or in part, Assisted Reproductive Technology (“ART”) services from the Center for Advanced Reproductive Services, P.C. (“CARS”) or Reproductive Medicine Associates of Connecticut (“RMACT”) from January 1, 2004, through July 19, 2022.Back To Top
Are there exceptions to being included in the Settlement?
Yes. Excluded from the Settlement Class are Defendants’ officers, directors, and employees; all counsel of record; and the Court, Court personnel, and member of their immediate families.Back To Top
What if I am still not sure whether I am part of the Settlement?
If you are still not sure whether you are a Settlement Class Member, call the Settlement Administrator’s toll-free number at 1-855-675-2845.Back To Top
What does the Settlement provide?
If you are a Settlement Class Member, you must submit a valid and timely Claim Form to receive a share of the Settlement Fund based on the amount you paid for ART services (IVF services) from CARS or RMACT during the relevant period. Settlement Class Members who file a valid, timely Claim Form will receive a pro rata share (a legal term that means proportional share based on the amount you paid for ART services relative to the total amounts paid by all other claiming Settlement Class Members) of the $2.85 million Settlement Fund, as a cash payment, minus attorneys’ fees, expenses, and costs, service awards, and the cost of settlement administration.Back To Top
What am I giving up to receive Settlement benefits or stay in the Settlement Class?
Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Defendants and Releasees about the legal issues in this Action that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”Back To Top
What are the Released Claims?
The Settlement Agreement in Section C, paragraph 17 describes the Release, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact one of the lawyers listed in Question 14 for free, or you can talk to your own lawyer at your own expense.Back To Top
How do I make a claim for Settlement benefits?
To submit a claim for a payment from the Settlement Fund for out-of-pocket costs paid, in whole or in part for ART services from CARS or RMACT, you must submit a valid Claim Form to the Settlement Administrator by January 4, 2023. Claim Forms can be submitted online here or by mail. If by mail, the Claim Form must be postmarked by January 4, 2023. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-855-675-2845 or by writing to:
Settlement AdministratorBack To Top
PO Box 2956
Portland, OR 97208-2956
What happens if my contact information changes after I submit a claim?
If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-855-675-2845 or by writing to:
Settlement AdministratorBack To Top
PO Box 2956
Portland, OR 97208-2956
When will I receive my Settlement benefits?
If you file a timely and valid Claim Form, payment will be provided by the Settlement Administrator after the Settlement is approved by the Court and becomes final.
It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.Back To Top
Do I have a lawyer in this case?
Yes, the Court has appointed Jonathan Jagher of Freed Kanner London & Millen LLC and Jonathan Shapiro of Aeton Law Partners LLP, as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this Action. Class Counsel can be contacted at:
Class Counsel Jonathan Jagher
Freed Kanner London & Millen LLC
923 Fayette Street
Conshohocken, PA 19428
Jonathan Shapiro Aeton
Law Partners LLP 311
Middletown, CT 06457
How will Class Counsel be paid?
Class Counsel will file a motion asking the Court to award attorneys’ fees up to 1/3 of the Settlement Fund, plus reimbursement of expenses and costs. They will also ask the Court to approve service awards not to exceed $10,000 per Plaintiff Class Representative for participating in this Action and for their efforts in achieving the Settlement. If awarded by the Court, attorneys’ fees, expenses, and costs, Plaintiff Class Representative service awards, plus interest on such attorneys’ fees, costs, and expenses at the same rate and for the same period as earned by the Settlement Fund (until paid) will be paid out of the Settlement Fund. The Court may award less than these amounts.
Class Counsel’s application for attorneys’ fees, expenses, and costs, and service awards will be made available on the Important Documents section of this website before the deadline for you to comment or object to the Settlement.
If you are a Settlement Class Member and want to keep any right you may have to sue or continue to sue the Defendants on your own based on the claims raised in this Action or released by the Released Claims, then you must take steps to get out of the Settlement. This is called excluding yourself from or “opting out” of the Settlement.Back To Top
How do I get out of the Settlement?
To opt out of the Settlement, you must mail a written notice of intent to opt out. The written notice must be signed, include your name and address, and clearly state that you wish to be excluded from the Settlement Class.
The opt out request must be mailed to the Settlement Administrator postmarked by November 16, 2022:
PO Box 2956
Portland, OR 97208-2956
You cannot exclude yourself by telephone or by email.Back To Top
If I opt out, can I get anything from the Settlement?
No. If you opt out, you are telling the Court you do not want to be part of the Settlement. You can only get Settlement benefits if you stay in the Settlement.Back To Top
If I do not opt out, can I sue the Defendants for the same thing later?
No. Unless you opt out, you give up any right to sue the Defendants and Releasees for the claims this Settlement resolves. You must opt out of this Action to start or continue with your own lawsuit or be part of any other lawsuit against the Defendants or any of the Releasees. If you have a pending lawsuit, speak to your lawyer in that case immediately.Back To Top
How do I tell the Court that I do not like the Settlement?
If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees, expenses, and costs. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees, expenses, and costs. To object, you must file timely written notice as provided below no later than November 16, 2022, stating you object to the Settlement. The objection must include all the following additional information:
- Your full name and address;
- The case name and docket number, Kent, et al. v. Women’s Health USA, Inc., et al., Case No. FST-CV-21-6054676-S (Superior Court Judicial District of Stamford/Norwalk) (the “Action”);
- Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of your settlement notice or a statement explaining why you believe you are a Settlement Class Member);
- A written statement of all reasons for the objection, accompanied by any legal support for the objection you believe is applicable;
- The identity of any and all counsel representing you in connection with the objection;
- A statement whether you and/or your counsel will appear at the Final Fairness Hearing; and
- Your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.
To be timely, written notice of an objection in the appropriate form must be mailed to the Settlement Administrator, postmarked by November 16, 2022:
PO Box 2956
Portland, OR 97208-2956
Any Settlement Class Member who fails to comply with the requirements for objecting waives and forfeits any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Action.Back To Top
What is the difference between objecting and asking to opt out?
Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees, expenses, and costs. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.Back To Top
When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Fairness Hearing on December 5, 2022, at 2:00 p.m. before Judge Kenneth B. Povodator, remotely via Zoom. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsels’ application for attorneys’ fees, expenses, and costs, Plaintiff Class Representative service awards, plus interest on such attorneys’ fees, costs, and expenses at the same rate and for the same period as earned by the Settlement Fund (until paid). If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.
Note: The date and time of the Final Fairness Hearing are subject to change. Any change will be posted on this website.Back To Top
Do I have to attend to the Final Fairness Hearing?
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to come to Court to speak about it. As long as you file or mail your written objection on time, the Court will consider it.Back To Top
May I speak at the Final Fairness Hearing?
Yes, as long as you do not exclude yourself (opt out), you can (but do not have to) participate and speak for yourself in this Action and Settlement. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.
If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 19 and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.Back To Top
What happens if I do nothing at all?
If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits. You will give up rights explained in the “Opting Out from the Settlement” section of the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants or any of the Releasees about the legal issues in this Action that are released by the Settlement Agreement relating to the Action.Back To Top
How do I get more information?
The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the Important Documents page of this website, by calling 1-855-675-2845 or by writing to:
PO Box 2956
Portland, OR 97208-2956
Please do not telephone the Court or the Court's Clerk Office regarding this website or the Notice.Back To Top
I received an email from EpiqPay. What is the email about and is the email legitimate?
If you received an email from NoReply@EpiqPay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive a prepayment notification email a few days before they receive an email containing a link to claim their payment. This is normal. If you claim a payment, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming where in the process your payment is. If you do not immediately claim your payment, you may also receive one or more reminder emails.Back To Top
What is EpiqPay?
EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their payments. General information about EpiqPay is available at www.epiqglobal.com/en-us/technologies/epiq-pay.Back To Top
How do I claim my EpiqPay payment?
Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a ‘Claim Payment’ link. As long as you click the ‘Claim Payment’ link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment. Then click your preferred payment method. Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner email@example.com letting you know your payment is ‘in process’, and eventually you will receive a link to your payment card, if you chose that as your option. Contact information for our payment partner is available on these notifications, in case you experience any issues using you card.Back To Top
After choosing my preferred payment options, will I receive my payment instantly / immediately?
No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will start to receive a series of emails from EpiqPay and our digital payment partners, which will keep you apprised of the progress of your payment.Back To Top