Marcia Lantz & James Lantz, on behalf of themselves and all others similarly situated v. Stonewall Jackson Memorial Hospital
Case No. CC-11-2025-C-9
(Circuit Court of Gilmer County, West Virginia)
1. What is the Lawsuit About?
In the Action, Plaintiffs allege that the Defendant violated the West Virginia Consumer Credit and Protection Act by attempting to collect from West Virginia consumers a sum which exceeded the actual amount due on certain medical debts. Plaintiffs alleged that this practice is statutorily prohibited and unlawful.
Defendant denies the allegations and contends that neither Plaintiffs nor any Class Member is entitled to any relief.
Both sides have agreed to settle the Action solely to avoid the burden, expense, risk, and uncertainty of continuing the Action.
2. Who is Included in the Settlement?
The Parties’ records indicate that you may be a Class Member. The Settlement Class is defined as follows: all persons with a West Virginia address who were sent any communication within four years of the filing of this action by Defendant, or its vendors, agents or assigns, wherein such communication demanded any payment in excess of that which was billed to any third-party payor for services rendered.
The Class consists of 8,694 potential Class Members, based on Defendant’s February 2026 review of its records.
3. What Does the Settlement Provide?
(a) Cash Payments to Class Members. Defendant will establish a Settlement Fund in the amount of $2,500,000.00.
Each Class Member may receive a share of the Settlement Fund, however, only one Settlement Payment will be made per account, and will be sent to the guarantor listed on an account according to Defendant’s records. For example, John and Jane Smith would be issued a check to “John Smith or Jane Smith.”
Before reduction for Administrative Costs as well as any attorneys’ fees, costs, and Incentive Award granted by the Court, the estimated disbursement is anticipated to be in the range of $180 to as much as $287 per Account, based on Defendant’s records. Please understand that these sums may be taxable, that the responsibility for such tax consequences is further described in the Settlement Agreement, and that counsel is not giving you any tax advice. You are encouraged to seek tax advice without delay from a tax professional.
(b) Service Award. The Class Representatives who brought this lawsuit, Marcia Lantz and James Lantz, will separately request an Incentive Award of $10,000.00 each, to be paid from the Settlement Fund, for serving as Class Representatives.
(c) Attorney’s Fees and Costs. Class Counsel are Bailey Glasser, LLP and Stewart/Bell, PLLC. They will request an award of Attorneys’ Fees and Expenses equal to one-third the total amount of the Settlement Fund plus reasonable litigation expenses. All Attorney’s Fees and Expenses awarded by the Court will be paid from the Settlement Fund. You may view a copy of the fee petition, once filed, on the Important Documents page of this website, or by requesting a copy from the Settlement Administrator.
(d) Opinion of Class Counsel. Class Counsel considers it to be in the best interest of the Class to enter into the Settlement Agreement on the terms described in light of the potential recovery, Defendant’s defenses, and the uncertainties of continued litigation.
(e) Release. Each person who remains in the Settlement Class will, if the Settlement Agreement is approved, release any claims arising from or relating to the subject accounts. A release means you cannot sue or be part of any other lawsuit against Defendant and the Released Parties, as defined in the Settlement Agreement, about the claims or issues in this Action and you will be bound by the Settlement. The specific terms of the release are described in the Settlement Agreement, which can be accessed on this website or by requesting copies from the Settlement Administrator, whose contact information is listed in the Key Parties and Contacts page of this website.
(f) Binding Effect of Class Judgment. Upon conclusion of the Settlement, the judgment of the Court will be binding upon all Class Members who do not successfully opt out of the Settlement Agreement.
4. What Are Your Options?
(a) 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 guarantor listed on the account, based on Defendant’s records. If you change your address, please inform the Settlement Administrator at the address below; OR
(b) Exclude Yourself by the Deadline. 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 and the Released Parties, as defined in the Settlement Agreement. 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 at the address disclosed on this website stating that you wish to do so. Your letter must include (a) your full name, email address, current address, telephone number, and a statement that you are seeking exclusion from the Lantz v. Stonewall Jackson Memorial Hospital Company, d/b/a Mon Health Stonewall Jackson Memorial Hospital, Case No. CC-11-2025-C-9 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. The deadline to request exclusion from the Settlement is forty-five (45) days after the Notice mailing date. You must postmark your letter no later than October 8, 2026; OR
(c) Object to the Terms of the Settlement Agreement. 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 (Lantz v. Stonewall Jackson Memorial Hospital Company, d/b/a Mon Health Stonewall Jackson Memorial Hospital, Case No. CC-11-2025-C-9); (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. Any objection to the Settlement must be postmarked no later than forty-five (45) days after the Notice mailing date, which is October 8, 2026.
Copies of the foregoing and all other papers in support of such objection(s) must be served upon the Court, Counsel for the Parties, and the Settlement Administrator. The names and addresses for the Court, Counsel for the Parties and the Settlement Administrator are listed on the Key Parties and Contacts page of this website.
Any Class Member who fails to object in the manner set forth in the Notice shall be foreclosed from making such objection or opposition, by appeal, collateral attack, or otherwise and shall be bound by all of the terms of the Settlement Agreement upon Final Approval and by all proceedings, orders, and judgments, including but not limited to the Release in the Lawsuit.