David Cogar, on behalf of himself and all others similarly situated, v. West Virginia United Health System, Inc., et al.
Case No. CC-34-2024-91 (Circuit Court of Nicholas County, West Virginia)
LEGAL NOTICE
NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
THIS IS NOT A SUIT AGAINST YOU. The purpose of this Notice is to advise you that a Settlement Agreement has been reached in a class action lawsuit (the “Action”) against Defendants West Virginia United Health System, Inc. d/b/a West Virginia University Health System, incorrectly identified as West Virginia United Health System, Inc. d/b/a WVU Medicine (“WVUHS”), Herbert J. Thomas Memorial Hospital Association d/b/a Thomas Hospitals (“Thomas Hospital”), and Credit Solutions, LLC (“Credit Solutions,” and collectively with WVUHS and Thomas Hospital as “Defendants”). The Notice is being sent to you because the Parties’ records indicate that you may be a Class Member under the Settlement Agreement.
A total Settlement Fund of $775,000.00 (“Settlement Fund”) will be established to provide compensation to Class Members. You may be entitled to receive a share from the Settlement Fund. A portion of the Settlement Fund will also be used to fund payments to Class Counsel and the Class Representative, as well as the costs of administering the Settlement. Defendants will also be refunding, or have already refunded, any amounts paid by Settlement Class Members on the subject accounts. Your legal rights are affected whether you act or don’t act, so read this Notice carefully.
You may review a copy of the Settlement Agreement, Class Action Complaint, and the Court’s Order Preliminarily Approving Settlement on the Important Documents page of this website, or by requesting copies from the Settlement Administrator, whose contact information appears at the end of this Notice.
Summary of Your Options in this Settlement
Do Nothing and Receive Payment
To accept the Settlement Agreement, you do not need to do anything. If the Settlement Agreement is approved, you will be bound by all of its terms, and a check will be mailed to you and/or the first individual listed on the mortgage account, based on Defendant’s records. If you change your address, please inform the Settlement Administrator at the address below; OR
Exclude Yourself by the Deadline
Deadline: April 20, 2026
You may “opt out” and exclude yourself from the Settlement Agreement. If you opt out, you will not receive any payment, and you will not release any claims you may have against Defendant. If you opt out, you will be free to pursue whatever legal rights you may have by pursuing your own lawsuit against Defendant at your own risk and expense. To exclude yourself from the Settlement Agreement, you must mail a letter to the Settlement Administrator (address below) stating that you wish to do so. Your letter must include (a) your full name, email address, current address, telephone number, and last four digits of your Social Security Number and a statement that you are seeking exclusion from the David Cogar v. West Virginia United Health System, Inc., WVU Medicine, Herbert J. Thomas Memorial Hospital Association, d/b/a Thomas Hospitals, Credit Solutions, LLC, and John Doe, Case No. 34-2024-C-91 lawsuit, (b) your personal and original signature, or the signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a valid power of attorney, to act on your behalf; and (c) state unequivocally that you desire to be excluded from the Settlement Class, to be excluded from the Settlement Agreement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. You must postmark your letter no later than April 20, 2026; OR
Object to the Terms of the Settlement Agreement
Deadline: April 20, 2026
Anyone who has not requested to be excluded from the Settlement Class may object to the Settlement. Your objection must (i) set forth your full name, current address, email address, telephone number, and the name and case number of the lawsuit (David Cogar v. WVU, Case No. 34-2024-C-91); (ii) contain your personal and original signature, or the signature of your attorney; (iii) state that you object to the Settlement, in whole or in part; (iv) set forth the complete legal and factual bases for the objection; (v) provide copies of any documents that you wish to submit in support of your position; (vi) state whether you intend on appearing at the Final Approval Hearing either pro se or through counsel and whether you plan on offering testimony at the Final Approval Hearing. Copies of the foregoing and all other papers in support of such objection(s) must be served upon the following and must be postmarked no later than April 20, 2026.
Summary of Your Options in this Settlement
Do Nothing and Receive Payment
To accept the Settlement Agreement, you do not need to do anything. If the Settlement Agreement is approved, you will be bound by all of its terms, and a check will be mailed to you and/or the first individual listed on the mortgage account, based on Defendant’s records. If you change your address, please inform the Settlement Administrator at the address below; OR
Exclude Yourself by the Deadline
Deadline: April 20, 2026
You may “opt out” and exclude yourself from the Settlement Agreement. If you opt out, you will not receive any payment, and you will not release any claims you may have against Defendant. If you opt out, you will be free to pursue whatever legal rights you may have by pursuing your own lawsuit against Defendant at your own risk and expense. To exclude yourself from the Settlement Agreement, you must mail a letter to the Settlement Administrator (address below) stating that you wish to do so. Your letter must include (a) your full name, email address, current address, telephone number, and last four digits of your Social Security Number and a statement that you are seeking exclusion from the David Cogar v. West Virginia United Health System, Inc., WVU Medicine, Herbert J. Thomas Memorial Hospital Association, d/b/a Thomas Hospitals, Credit Solutions, LLC, and John Doe, Case No. 34-2024-C-91 lawsuit, (b) your personal and original signature, or the signature of a person previously authorized by law, such as a trustee, guardian, or person acting under a valid power of attorney, to act on your behalf; and (c) state unequivocally that you desire to be excluded from the Settlement Class, to be excluded from the Settlement Agreement, not to participate in the Settlement, and/or to waive all rights to the benefits of the Settlement. You must postmark your letter no later than April 20, 2026; OR
Object to the Terms of the Settlement Agreement
Deadline: April 20, 2026
Anyone who has not requested to be excluded from the Settlement Class may object to the Settlement. Your objection must (i) set forth your full name, current address, email address, telephone number, and the name and case number of the lawsuit (David Cogar v. WVU, Case No. 34-2024-C-91); (ii) contain your personal and original signature, or the signature of your attorney; (iii) state that you object to the Settlement, in whole or in part; (iv) set forth the complete legal and factual bases for the objection; (v) provide copies of any documents that you wish to submit in support of your position; (vi) state whether you intend on appearing at the Final Approval Hearing either pro se or through counsel and whether you plan on offering testimony at the Final Approval Hearing. Copies of the foregoing and all other papers in support of such objection(s) must be served upon the following and must be postmarked no later than April 20, 2026
Send Opt-Out Requests To:
SETTLEMENT ADMINISTRATOR
P.O. Box 673
Charleston, WV 25323
1-(888)-925-4968
LONG FORM NOTICE OF CLASS ACTION SETTLEMENT
The Court-Approved Long Form Notice is available by clicking here.
Dates of Importance
Opt-Out (Exclude Yourself) Deadline:
April 20, 2026
Objection Deadline:
April 20, 2026
The Court’s Fairness Hearing:
May 28, 2026, at 1:15 p.m.
Courtroom of the Honorable Gregory Tucker,
700 Main Street, Summersville, West Virginia, 26651