SUPERIOR COURT OF THE STATE OF CONNECTICUT
COMPLEX LITIGATION DOCKET – JUDICIAL DISTRICT OF WATERBURY
NOTICE OF PROPOSED CLASS ACTION
SETTLEMENT
Pursuant to Paragraph 34 of the Settlement Agreement, the Settlement Administrator has determined that each class member’s share of the Net Settlement Amount is $500.99.
If you were a patient at Griffin Hospital during the period between September 1, 2008 and May 7, 2014, received insulin from a multi-dose insulin pen and later underwent blood testing after receiving a letter from Griffin Hospital.
YOU COULD GET A PAYMENT FROM A PROPOSED CLASS ACTION SETTLEMENT
The Connecticut Superior Court authorized this notice
This is not a solicitation from a lawyer. You are not being sued.
A Class Action Lawsuit (the “Lawsuit”) that may affect your rights has been pending in Connecticut Superior Court, Complex Litigation Docket, Judicial District of Waterbury. The Lawsuit claims that Griffin Hospital, between September 1, 2008 and May 7, 2014, may have misused multi-dose insulin pens and that as a result, affected patients were offered an opportunity to undergo blood testing for the Hepatitis B virus (HBV), Hepatitis C virus (HCV) and human immunodeficiency virus (HIV). The Lawsuit seeks money damages relating to having to undergo the blood test. Griffin Hospital denies the allegations and maintains that it had appropriate policies and procedures in effect and did not breach any duty or cause any injury to the Class Members.
The Parties agree that there is no evidence in this case that any Griffin Hospital employee reused an insulin pen needle. The Parties agree that Griffin Hospital always used special safety needles on its insulin pens that prevented the needle from being used for more than a single injection. However, even when using a new needle for a new patient, there was a potential that a pen’s insulin cartridge could have been contaminated through the backflow of blood or skin cells from one patient, thus, there was a remote possibility to transmit an infection if used on another patient.
The Connecticut Superior Court has allowed the Lawsuit to proceed as a class action on behalf of all individuals who (1) were patients at Griffin Hospital between September 1, 2008 and May 7, 2014; (2) received insulin from a multi-dose insulin pen during that time period; (3) received a letter on or about May 16, 2014 from Griffin Hospital about the possible misuse of insulin pens during the aforementioned time period; and, (4) subsequently underwent blood testing relating to the alleged misuse of multi-dose insulin pens, including testing for Hepatitis B virus (HBV), Hepatitis C virus (HCV) and human immunodeficiency virus (HIV). This letter provided for free blood testing for any individual wishing to be tested and encouraged individuals to be tested. It also provided individuals with additional information and options.
This Notice is to inform you that the Connecticut Superior Court (the “Court”) has preliminarily approved a proposed settlement of the Lawsuit (the “Proposed Settlement”) which provides payments to eligible individuals.
You are receiving this Notice because records indicate that you may be eligible to participate in the Proposed Settlement and may be entitled to financial compensation under the terms of the Settlement.
This Proposed Settlement, if approved, will affect you if you are a Class Member. If the Proposed Settlement is approved and you do not exclude yourself from this class action, you will receive a sum of money if you qualify as explained herein. If you returned to Griffin Hospital to undergo a blood test in response to a letter sent to you by Griffin Hospital on or about May 16, 2014, you do not have to do anything to receive such benefits. If, however, you received the notice from Griffin Hospital and went to a facility other than Griffin Hospital to obtain your blood test, you must fill out a Claim Form to receive such benefits. .
YOUR RIGHTS AND OPTIONS – AND THE DEADLINES TO EXERCISE THEM – ARE EXPLAINED IN THIS NOTICE. PLEASE READ THIS NOTICE CAREFULLY. IF YOU WOULD LIKE ADDITIONAL INFORMATION, YOU MAY CONTACT RG/2 CLAIMS ADMINISTRATION AS NOTED BELOW
YOUR LEGAL RIGHTS AND OPTIONS IN THIS PROPOSED SETTLEMENT
| You May: | Result | Deadline |
| Do Nothing | If you had a blood test performed at Griffin Hospital in response to receiving the letter, no action is necessary and you will receive a payment under the Proposed Settlement if you received notice in the mail. If you did not receive notice in the mail, please contact the Settlement Administrator (see contact information below) to provide your current address. If you had your blood tests performed at a facility unaffiliated with Griffin Hospital, and you do nothing, you will not receive any monetary compensation and will be bound by the terms of the Settlement (unless you opt-out as explained below). If you obtained blood tests at a facility unaffiliated with Griffin Hospital in response to the May 16, 2014 letter, YOU MUST TAKE ACTION AND SUBMIT A CLAIM FORM to receive monetary compensation, as explained below. If you did not obtain blood tests within six (6) months of receiving a letter dated on or about May 16, 2014 letter, you are not eligible for payment. |
Not Applicable |
| Submit a Claim Form [only for those individuals who obtained their blood tests at a facility unaffiliated with Griffin Hospital within six (6) months of receiving the May 16, 2014 Notice] |
If you submit a timely and properly completed Claim Form, you are eligible to receive a payment under the Proposed Settlement. |
Postmarked on or before January 22, 2024 |
| OBJECT TO THE SETTLEMENT | Write to the Court about what you do not like about the Proposed Settlement (see instructions below). You must be in the Settlement Class to object. |
Postmarked on or before December 22, 2023 |
| Attend a Hearing | Ask to speak in Court at a virtual hearing about the fairness of the Proposed Settlement. You must be in the Settlement Class to appear in Court. If you object to the Settlement, you must timely file your objection (per the instructions below) before appearing in Court. Class members filing objections will be provided with information regarding how to participate in the virtual hearing. |
Postmarked on or before December 22, 2023 |
| Opt-Out | Elect not to participate in the Proposed Settlement. Complete an Opt-Out Form to opt-out and preserve whatever rights you may have to pursue individual claims against Defendants. |
Postmarked on or before December 22, 2023 |
*If you are receiving this Notice on behalf of an individual who is deceased or incapacitated, you may have to submit documentation that you are legally authorized to act on behalf of the estate or that individual.