Kent, et al. v. Women’s Health USA, Inc., et al.

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.”

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.

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.

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.

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.

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.

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.

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.

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.”

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.

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 Administrator
PO Box 2956
Portland, OR 97208-2956

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 Administrator
PO Box 2956
Portland, OR 97208-2956

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.

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 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.

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:

Settlement Administrator
Exclusions
PO Box 2956
Portland, OR 97208-2956

You cannot exclude yourself by telephone or by email.

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.

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.

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:

1. Your full name and address;
2. 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”);
3. 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);
4. A written statement of all reasons for the objection, accompanied by any legal support for the objection you believe is applicable;
5. The identity of any and all counsel representing you in connection with the objection;
6. A statement whether you and/or your counsel will appear at the Final Fairness Hearing; and
7. 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:

Settlement Administrator
Objections
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.

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.

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.

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.

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.

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.

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:

Settlement Administrator
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.

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