Frequently Asked Questions

  1. What is this lawsuit about?

    This litigation is known as County of Monmouth v. Florida Cancer Specialists, P.L., et al., Case No. 2:18-CV-201 (M.D. Fla.). The entity that sued is called the “Plaintiff.” The entities they sued are called the “Defendants.”

    This lawsuit claims that FCS had an agreement with 21st Century that allegedly unlawfully raised the price of Oncology Services in Southwest Florida. “Oncology Services” refers to the medical diagnosis and treatment of cancer using medicine (“Medical Oncology”) or radiation (“Radiation Oncology”). “Medical Oncology” refers to the diagnosis and treatment of cancer with medicine, including chemotherapy, hormonal therapy, biological therapy, and targeted therapy. “Radiation Oncology” refers to the treatment of cancer with therapeutic radiation. “Southwest Florida” refers to the counties of Charlotte, Collier, Lee, Manatee, and Sarasota in the State of Florida.

    Plaintiff alleges that, as a result of the alleged agreement between FCS and 21st Century, patients, insurers, and other entities that paid directly for any part of the cost of Oncology Services in Southwest Florida between January 1, 2010 and June 5, 2019 paid more than they should have. Although the Settling Defendants have agreed to settle, they do not agree that they engaged in any wrongdoing or are liable or owe any money or benefits to Plaintiff or the Settlement Class.

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  2. Who are the settling Defendants?

    The Settling Defendants are Florida Cancer Specialists & Research Institute, LLC, formerly known as Florida Cancer Specialists, P.L., and Dr. William N. Harwin (collectively, “FCS”).

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  3. Are there non-settling Defendants?

    No. 21st Century Oncology LLC and Dr. Daniel Dosoretz (collectively, “21st Century”) are no longer named as Defendants in this lawsuit.

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  4. Why is this a class action?

    In class actions, one or more individuals or entities called the “class representative(s)” sue on behalf of themselves and other people or entities with similar claims in the specific class action. All of these individuals or entities together are the “Class” or “Class members.” In this lawsuit, there is only one class representative: the County of Monmouth, New Jersey, which paid FCS and 21st Century for Oncology Services provided to qualified members of its employee health benefits plan, and sued FCS on behalf of the entire Class. In a class action, one court may resolve the issues for all Class members, except for those who exclude themselves from the Class.

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  5. How do I know if I may be included in the Settlement Class?

    Generally, you may be included in the Settlement Class if, at any time between January 1, 2010 and June 5, 2019, you paid directly for any part of the cost of Oncology Services (i.e., diagnosis or treatment for cancer using either medicine or radiation) provided by FCS or 21st Century in Southwest Florida (i.e., Charlotte, Collier, Lee, Manatee, or Sarasota Counties).

    The Settlement Agreement and the related Complaint are both accessible along with other Court Documents on this website here. You will also be able to obtain additional information and learn whether you are a member of the Settlement Class by calling 1-888-509-2623, or by submitting a request online here, and providing details regarding your payment for Oncology Services provided by FCS or 21st Century in Southwest Florida.

    Payments to members of the Settlement Class will only be made if the Court approves the Settlement and after any appeals from such approval are resolved and in accordance with a Plan of Allocation to distribute the Net Settlement Funds (see FAQ 8, FAQ 11, and FAQ 20). The final distribution will be subject to the Court’s approval.

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  6. Who is not included in the Settlement Class?

    The Settlement Class does not include:

    • Any of the Defendants, their officers, directors, employees, parent companies, subsidiaries, and affiliates;
    • The legal representatives and heirs or assigns of any Defendant;
    • Federal governmental entities and instrumentalities, including Medicare and Medicaid; and
    • States and their subdivisions, agencies, and instrumentalities, including Medicaid.
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  7. What does the Settlement provide?

    The Settlement provides a cash payment to Settlement Class members of up to $7,187,500. After deduction of attorneys’ fees, notice and settlement administration costs, an incentive award to the class representative (the County of Monmouth), and litigation expenses, as approved by the Court, the Net Settlement Funds will be available for distribution to members of the Settlement Class. The distribution will be pro rata; that is, each Class member’s share in the Settlement Fund will be proportional to the amount he, she, or it paid to FCS or 21st Century for Oncology Services during the class period. Because some individual Class members’ claims may be for very small amounts, a minimum of $5 will be paid to each Class member (subject to certain exceptions in the very unlikely event that the Net Settlement Fund is insufficient to allow such a minimum payment to each claimant).

    Any interest earned will be added to the Settlement Fund. More details about the Settlement are provided in the Settlement Agreement.

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  8. How do I receive my payment?

    You may be entitled to a portion of the Settlement Fund when a distribution is made to members of the Settlement Class. If you exclude yourself from the Settlement Class, you will not receive a payment from those funds.

    You do not need to do anything to receive your share, if any, of the Settlement Fund. Each Class member’s share of the Settlement Fund will be calculated in accordance with the Plan of Allocation. Checks will be mailed by the Administrator to each Class member that is entitled to a share of the Settlement Fund using the most recent address information available in Defendants’ databases as well as other available sources of information. However, if you are no longer a patient of the Defendants and have moved, or you otherwise believe that the address Defendants have on file for you is not accurate, please contact the Administrator at 1-888-509-2623, or by submitting a Change of Address Form online here.

    If there is anyone whose funds you transmitted to FCS or 21st Century for Oncology Services in Southwest Florida between January 1, 2010 and June 5, 2019 (but you did not transmit your funds along with such funds), you are directed by the Court to provide notice to that paying person or entity and confirm to the Administrator that you have given such notice. Any disputes regarding ownership of a payment from the Settlement pertaining to such funds must be resolved between you and the person or entity to whom you are directed to provide notice, and neither the Settlement Class, nor the Settling Defendants, nor either Party’s lawyers may be sued or brought into any such dispute, regardless of whether you properly provided notice or not.

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  9. How much money can I get?

    At this time, it is unknown how much each Class member will receive. Payments will be based on a number of factors, including at least the total dollar value of payments you made for Oncology Services provided by FCS or 21st Century in Southwest Florida between January 1, 2010 and June 5, 2019 and the total dollar value of such payments by other Class members.

    The total amount of the Settlement Fund available for distribution to the Settlement Class may also vary depending on whether some potential Class members exclude themselves, but this cannot be predicted at this time. The Settlement provides that if potential Class members whose payments to FCS and 21st Century exceed a certain threshold amount opt out, the Settlement Fund may be reduced proportionately. On the other hand, if Class members whose total payments are less than the threshold amount opt out, there will be no reduction in the amount of the Settlement Fund, but there may be fewer Class members to share in that amount.

    In addition (as noted above), attorneys’ fees and litigation expenses, notice and settlement administration costs, and any incentive award to the class representative, as approved by the Court, will be deducted before the Net Settlement Fund is distributed to the Settlement Class. The total amount of these fees and expenses is not yet known, but attorneys’ fees will not exceed 30 percent of the amount of the Settlement Fund and litigation expenses will not exceed $100,000. The class representative incentive award, if approved by the Court, will not exceed $2,500.

    No money will be returned to the Settling Defendants after the Court finally approves the Settlement.

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  10. When will I get a payment?

    Payments may be distributed to members of the Settlement Class after the Court grants final approval to the Settlement and any appeals from such approval are resolved. Appeals can take several years to conclude. If final approval is granted and no one appeals before the deadline to do so, Plaintiff will ask the Court to approve the distribution of checks to members of the Settlement Class.

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  11. What happens if I remain in the Settlement Class?

    If the Settlement becomes final, you will give up your right to sue these Settling Defendants on your own for the claims described in the Settlement Agreement, unless you exclude yourself from the Settlement Class.

    In return for paying the Settlement amount, the Settling Defendants will be released from claims relating to the alleged conduct involving the cancer diagnosis and treatment services identified in the Settlement Agreement. The Settlement Agreement describes the released claims in detail, so read them carefully since those releases will be binding on you if the Court approves this Settlement. If you have any questions, you can talk to Settlement Class Counsel listed in FAQ 15 for free, or you can, of course, talk to your own lawyer (at your own expense). The Settlement Agreement and the specific releases are available at on this website here.

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  12. How do I get out of the Settlement Class?

    The deadline to request exclusion from the Settlement has passed. If your request was not received by or on September 20, 2019, you can no longer request to be excluded.

    Your letter must also include:

    • Your name, address, and telephone number;
    • Documents reflecting your payment of any part of the cost of Oncology Services provided by FCS or 21st Century in Southwest Florida between January 1, 2010 and June 5, 2019; and
    • Your signature.

    Any request for exclusion must be mailed to the address immediately below, and must be received no later than September 20, 2019:

    Florida Cancer Specialists Antitrust
    Settlement Administrator
    P.O. Box 3207
    Portland, OR 97208-3207

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  13. If I don’t exclude myself, can I sue for the same thing later?

    No. Unless you exclude yourself, you give up any right to sue the Settling Defendants for the claims being released in this litigation.

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  14. If I exclude myself, can I still receive a payment?

    No. If you exclude yourself from the Settlement Class, you will not get any money as a result of the Settlement in this case.

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  15. Do I have a lawyer representing me?

    Yes. Settlement Class Counsel represents you and all other members of the Settlement Class:

    Eamon O’Kelly
    Robins Kaplan LLP
    399 Park Avenue
    Suite 3600
    New York, NY 10022

    You will not be charged for contacting Robins Kaplan LLP. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  16. How will the lawyers be paid?

    The attorneys’ fees, costs, and litigation expenses that the Court orders, plus the costs to administer the Settlement, will come out of the Settlement Funds. You can review the Final Approval Order in the Documents section for information on fees and costs as granted by the Court.

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  17. How do I object to or comment on the Settlement?

    The deadline to object to (a) the Settlement, (b) the Plan of Allocation, or (c) the motions by Settlement Class Counsel for attorneys’ fees or a class representative incentive award has passed. If your objection or comment letter was not received by or on September 30, 2019, you can no longer object.

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  18. What is the difference between excluding myself from the Settlement Class and objecting to the Settlement?

    If you exclude yourself from the Settlement Class, you are telling the Court that you do not want to participate in the Settlement. Therefore, you will not be eligible to receive any payment from that Settlement, and you will not be able to object to it. Objecting to the Settlement simply means telling the Court that you do not like something about the Settlement. Objecting does not make you ineligible to receive a payment.

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  19. When and where will the Court decide whether to approve the Settlement?

    On March 17, 2020, the Court approved the Settlement and the Plan of Allocation, granted plaintiff counsels’ motion for attorney’s fee, for the reimbursement of expenses, and incentive award. You can read the Final Approval Order in Documents section for more information.

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  20. Do I have to attend the Hearing?

    On March 17, 2020, the Court approved the Settlement and the Plan of Allocation, granted plaintiff counsels’ motion for attorney’s fee, for the reimbursement of expenses, and incentive award. You can read the Final Approval Order in Documents section for more information.

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  21. How do I get more information?

    This website is a summary of this Settlement. For more details, review the Settlement Agreement, full Plan of Allocation, and other Court Documents, which are available on this website here. You also may write with questions to Florida Cancer Specialists Antitrust Settlement Administrator, P.O. Box 3207, Portland, OR 97208-3207, or call the toll-free number, 1-888-509-2623. You should also register to be directly notified of any future settlements and other information concerning this case online here.

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