Pulmonary Associates of Charleston, PLLC, et al. v. Greenway Health, LLC

Case No. 3:19-cv-167-TCB

Northern District of Georgia

Frequently Asked Questions

  1. BASIC INFORMATION

  2. Why did I get a Notice?

    You received a Notice because the Plaintiffs and Greenway agree that you likely are a Settlement Class Member. As such, if the Court approves the settlement, you are likely eligible to receive an Automatic Payment. In addition, if you submit a valid claim by the deadline, you may be entitled to receive an additional monetary payment.

    The Court sent you the Notice to inform you about a proposed settlement of a class action lawsuit and about your options. The Court has not yet decided whether to finally approve the settlement. If the Court approves the settlement, after objections and appeals (if any) are resolved, a settlement administrator will distribute the payments described below.

    The Notice explains the lawsuit, the settlement, what payments and benefits may be available, who is eligible for them, and how to get them.

    The lawsuit is pending in the Northern District of Georgia, in federal court in Newnan, Georgia. It is known as Pulmonary Associates of Charleston PLLC v. Greenway Health, LLC, Case No. 3:19-cv-167-TCB (N.D. Ga.). Judge Timothy C. Batten, Sr. is presiding over it. Two additional lawsuits have been consolidated with this case for settlement purposes. Those cases are Valley Ob-Gyn Clinic, P.C. v. Greenway Health, LLC, et al., Case No. 3:20-cv-00220-TCB (N.D. Ga.), and Altamonte Pediatric Associates, P.A. v. Greenway Health, LLC, Case No. 1:21-cv-3116-TCB (N.D. Ga.).

    The persons who sued are called the Plaintiffs, and they are medical practices who are (or used to be) Greenway customers: Pulmonary Associates of Charleston, PLLC (“Pulmonary Associates”), Neurosurgical Specialists of West County, Inc. (“NSWC”), Medlock Pediatrics, P.C. (“Medlock”), C.R. Magness, M.D. (“Magness”), Valley Ob-Gyn Clinic, P.C. (“Valley”), and Altamonte Pediatric Associates, P.A. (“Altamonte”).

  3. What is this lawsuit about?

    The Pulmonary lawsuit was filed on October 15, 2019, in Georgia state court. Greenway removed the case to Georgia federal court. The Pulmonary lawsuit alleges that Greenway promised and represented that its Prime Suite software satisfied the certification requirements of federal government incentive programs, but that Greenway instead delivered a noncompliant version of the software for years.

    The Altamonte lawsuit was filed against Greenway on March 13, 2020 in Florida federal court. The Altamonte lawsuit alleges that Greenway promised and represented that its Intergy software satisfied the certification requirements of federal government incentive programs, but that Greenway instead delivered a noncompliant version of the software for years.

    The Valley lawsuit was filed on December 11, 2020, in Georgia federal court. The Valley lawsuit alleges that Greenway sought payment for a useable copy of customer data when a customer asked to terminate its contract.

    All three lawsuits have been consolidated in federal court in Newman, Georgia for settlement purposes.

    During the years these cases have been pending, counsel for the Plaintiffs have conducted extensive discovery and a thorough investigation and evaluation of the law and facts concerning this case, including facts made available through discovery. Based upon their discovery, investigation and evaluation of the facts and law, Plaintiffs have concluded that: (a) there are obstacles to overcome in establishing liability and damages; (b) the risks of litigation, as well as the difficulties and delays inherent in the type of complex litigation, could substantially reduce or eliminate any recovery; (c) the desirability of permitting the settlement is substantial; and (d) resolution of the case as set forth in the settlement is in the best interest of the Class.

    Thus, with the aid of a certified mediator, the parties have reached the settlement described in this notice which they believe to be a fair, reasonable, and adequate settlement of the claims of Plaintiffs and the Settlement Class.

  4. What is a class action?

    In a class action, the Plaintiffs sue on behalf of Greenway customers who have similar claims. All of those customers make up the Settlement Class. A single court will resolve the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Classes. Judge Batten has certified this lawsuit as a class action for purposes of settlement. He will make a final determination as to whether the settlement is fair at a Final Fairness Hearing.

  5. Why is there a settlement?

    Judge Batten did not decide the Pulmonary, Valley, or Altamonte lawsuits in favor of the Plaintiffs or Greenway. Greenway has not admitted any wrongdoing or legal liability. Instead, the parties agreed to a settlement. That way, they avoid the cost of continued litigation and a trial. The Plaintiffs and Settlement Class Members who follow the procedures outlined in this Notice, and qualify under the terms of the settlement, will receive money, if the Court approves the settlement. The Plaintiffs and Class Counsel think the settlement is best for the Settlement Class Members.

  6. THE CLAIMS IN THE LAWSUIT

  7. What does the lawsuit complain about?

    The lawsuit alleges that Greenway breached its customer contracts. You can read more about it by reading the Plaintiffs’ Third Amended and Consolidated Class Action Complaint.

  8. How does Greenway answer the allegations?

    Greenway denies that it breached its contracts. Greenway asserts that the lawsuits are without merit.

  9. Has the Court decided who is right?

    The Court has not decided whether the Plaintiffs or Greenway are right. If the lawsuit, or multiple lawsuits, go forward, there will have to be a trial, at which the court will decide who is right. In order to avoid the expense of a trial, the parties wish to resolve the dispute on the terms set forth in the Settlement Agreement.

  10. What does the settlement provide?

    The settlement provides for monetary payments. It first provides for an automatic payment to all eligible Settlement Class Members who remain in the lawsuit. It also provides for an opportunity for eligible Settlement Class Members to submit a claim to receive an additional monetary payment.

    Greenway will pay $26,000,000 into a Settlement Fund. A maximum of 33% of that money will be set aside to pay the attorneys’ fees of Class Counsel. The costs and expenses of litigation, estimated to be approximately $1 million, also will be deducted from the Settlement Fund.

    How much money can I expect to receive in the settlement?

    The amount of money each Settlement Class Member can receive is not yet known.

    The parties have allocated 25% of the settlement fund (after deduction of attorneys’ fees, costs, and expenses) to an automatic payment that will be received by all Settlement Class Members who bought Prime Suite or Intergy during the Class Period and who do not exclude themselves from the Settlement. The Settlement Agreement provides a formula that will determine the exact amount of an automatic payment to be received by any such class member based on the number of years that Settlement Class Member was a customer of Greenway. The amount to be allocated to any given Settlement Class Member who used Prime Suite or Intergy cannot be determined until the end of the claims period.

    The parties have allocated 75% of the settlement fund to other payments. Settlement Class Members must make a claim and satisfy eligibility requirements to receive these additional payments. The amount of these other payments to be received by any Settlement Class Member will depend on the number of valid, timely claims made against the fund, which can only be determined at the end of the claims period.

    How do I qualify for a payment?

    Automatic Payment: The Plaintiffs and Greenway have reviewed Greenway’s records and determined that practices who are (or used to be) customers of Greenway and who use or used Prime Suite or Intergy are entitled to an automatic payment for one or more years. If that is the case for you, the claim form attached to your notice will contain certain pre-populated information. If you agree with the accuracy of the pre-populated information, to receive an automatic payment, you do not need to do anything. The Class Administrator will determine your payment based on the information already pre-populated on the claim form.

    If you disagree with the accuracy of the information and believe you are eligible for an automatic payment for additional years, you must attach documentation proving Greenway’s information is inaccurate. The attached claim form explains what you need to do.

    Additional Payments: To receive additional payments, you must make a claim. You must complete and sign the attached claim form individualized for you and postmark it on or before the deadline stated below. Or, you can complete and submit your claim online by entering your Claimant ID appearing at the top of your individualized Claim Form received. If you submit your claim online, you must use your unique identifier, which will pull up an electronic copy of the individualized paper claim form provided with this notice, and then use that electronic copy to submit your online claim. Online claims must also be submitted on or before the deadline stated below. The attached claim form explains what you need to do.

    All Claim Forms must be postmarked, if mailed, or electronically submitted online not later than November 1, 2021. Claim forms not postmarked or electronically submitted on or before the deadline will be denied.

    What if I did not get a notice and pre-populated claim form?

    If you did not receive from the Class Administrator a notice and pre-populated claim form, but believe that you are a Settlement Class Member who is eligible for a payment, you must contact the Class Administrator at 833-906-3771 to obtain a Claimant ID. You will not be able to receive an automatic payment or make a claim for another payment without this Claimant ID. You must contact the Class Administrator, obtain your Claimant ID, and make a claim on or before the deadline stated above. Therefore, do not delay.

  11. WHO IS IN THE SETTLEMENT CLASS?

    You need to decide whether you are affected by this lawsuit.

  12. Am I a Settlement Class Member?

    The settlement covers the period of October 4, 2010, through August 24, 2021.

    You are a Settlement Class Member if you are (or were, after October 4, 2010) a Greenway customer who purchased any software bundle that included Prime Suite, or purchased any software bundle that included the Intergy electronic health record (EHR) software. You also are a Settlement Class Member if you used to be a Greenway customer and you paid Greenway for a data retrieval upon termination of your status as a Greenway customer.

    Any customer who previously entered into individual settlements that release the breach of contract and other claims asserted in the Pulmonary, Valley, and Altamonte cases is excluded from the class. Any judge to whom the lawsuit is assigned, and any immediate family or staff member of any such judge, also is excluded from the Settlement Class.

  13. I am still not sure if I am included.

    If you are still not sure whether you are included, you can get free help by calling the Class Administrator at 833-906-3771.

    Do not contact your customer service representative or anyone else at Greenway with questions about this settlement. They cannot answer your questions about this settlement.

  14. YOUR RIGHTS AND OPTIONS

    You have to decide whether to stay in the Settlement Class and, if you do stay in, whether to make a claim. You also have to decide whether you want to keep your right to sue Greenway separately for the claims in this lawsuit. If so, you must take steps to get out of this lawsuit. That is called excluding yourself – or opting out – of the Settlement Class. Time is of the essence. You have to make these decisions within the timeframes set forth below.

  15. How can I make a claim for payment?

    If you wish to make a claim, then you must do the following:

    1. Read the Notice carefully.
    2. Determine whether you believe you are a Settlement Class Member entitled to receive a payment.
    3. Review these instructions on how to make a claim.
    4. Complete the Claim Form, which is attached to your Notice in accordance with the instructions on that form or submit your claim online.
    5. Mail or submit online the Claim Form and all required supporting documentation to the Class Administrator by the claim deadline of November 1, 2021. Important: Claim Forms and supporting documentation must be either submitted electronically or mailed and postmarked by the deadline! If you mail your claim form, send it and supporting documentation to the following address:

      Greenway EHR Settlement
      1650 Arch Street, Suite 2210
      Philadelphia, PA 19103

  16. What happens if I do nothing at all?

    By doing nothing, you will stay in the Settlement Class. You will receive an automatic payment, as calculated by the Class Administrator. Nevertheless, you will receive no additional monetary payment unless you submit a valid claim. In addition, you will be legally bound by all of the decisions that the Court makes, and will be deemed to have given up your right to file a separate lawsuit for the claims that have been asserted or could have been asserted in this lawsuit.

  17. What happens if I exclude myself?

    If you exclude yourself from the Settlement Class, you will not be able to get any money or benefits as a result of the settlement. You nonetheless will retain your right to file your own separate lawsuit for the claims that have been asserted or could have been asserted in this lawsuit.

    If you pursue a separate lawsuit after you exclude yourself, and you wish to be represented by counsel in that lawsuit, you will have to hire and pay your own lawyer and will have to prove your claims without the benefit of the work performed by the lawyers in this lawsuit.

  18. How do I ask the Court to exclude me from the Settlement Class?

    If you wish to exclude yourself from the Settlement Class, you must send a letter to the Class Administrator requesting to be excluded. Your letter must be signed by you and state: “I wish to exclude myself from the settlement class of the case called Pulmonary Associates of Charleston PLLC v. Greenway.” Your letter must also include your full name, address, and phone number. You must mail your letter requesting to be excluded postmarked not later than November 1, 2021, to:

    Greenway EHR Settlement
    CLASS ACTION OPT OUT
    PO Box 58220
    Philadelphia, PA 19102

    You may not exclude yourself by telephone, by email or online. You must send a letter.

    WARNING: If you exclude yourself from the settlement, you cannot get money from the settlement and you cannot object to the settlement. Do not submit a claim form if you exclude yourself.

  19. How do I tell the Court that I do not like the settlement?

    You may object to the settlement if you do not like any part of it. You may give reasons why you think the Court should not approve it, and the Court will consider your views at the Final Fairness Hearing. To object, you must serve on Class Counsel and Greenway’s Counsel, at the addresses listed on the website, and file with the Clerk of Court, a written statement of the objection, as well as the specific reasons, if any, for the objection, no later than November 1, 2021.

    Written objections must include: (1) your name, address, telephone number, and a statement of whether you or your attorney will appear at the Final Fairness Hearing; (2) proof that you are a Settlement Class member; (3) a statement of each objection being made; (4) a description of the facts underlying each such objection; (5) a description of the legal authorities underlying each such objection, if any; (6) a list of witnesses who may be called to testify at the Final Fairness Hearing, either live, by deposition, or by affidavit, if any; and (7) a list of exhibits, along with copies of such exhibits, that you may offer during the Final Fairness Hearing, if any.

    If you or your attorney have not stated in your written notice of objection that you intend to appear at the Final Fairness Hearing, but later decide that you or your attorney intends to do so, you or your attorney must serve on Class Counsel and Greenway’s Counsel, at the addresses listed on the website, and file with the Clerk of Court, a written notice stating that you or your attorney intends to do so, no later than November 1, 2021.

    If you retain an attorney to prepare a written objection or notice to appear at the Final Fairness Hearing, you and your attorney must, in addition to the requirements set forth above, state the following in the written objection or notice of intent to appear at the Final Fairness Hearing: (1) set forth the attorney’s experience with class actions; (2) if the attorney has represented objectors in a class action, then the attorney must detail the disposition or effect that any such objection had on each class action case and how much the attorney was paid for the representation of each objector in each class action case; and (3) even if you employ an attorney to prepare a written objection, you must sign the written objection personally as an attestation that you reviewed and discussed the written objection with your attorney.

    As stated in FAQ 18, you may also object to Class Counsel’s request for attorneys’ fees, costs, and expenses.

  20. The Lawyers Representing You

  21. Do I have a lawyer in this lawsuit?

    The Court has decided that attorneys Janet Varnell, Jonathan Selbin, Jason Lichtman, John Nicolaou, and James Bradley (among others) are qualified to represent you and all Settlement Class Members. Those attorneys are called Class Counsel, and they are experienced in handling similar class action cases.

  22. Should I get my own lawyer?

    If you decide not to exclude yourself, you do not need to hire your own lawyer because Class Counsel is working on your behalf. If you want your own lawyer as well, you will have to pay for that lawyer yourself. For example, you may ask a lawyer to appear at the Final Fairness Hearing on your behalf if you want someone other than Class Counsel to speak for you.

  23. How will Class Counsel and the Plaintiff be paid?

    Class Counsel will seek an award of attorneys’ fees, costs, and expenses from the $26 million Settlement Fund. They will file their motion for attorneys’ fees, costs, and expenses 30 days after preliminary approval, and once it is filed, their motion will be posted on the settlement website. The parties have agreed that attorney’s fees will not exceed 33 percent of the settlement fund. The amount of fees, costs, and expenses ultimately paid to Class Counsel will be determined by the Court.

    Plaintiffs will be eligible for the same payments and under the same rules as every other Settlement Class Member.

    You may object to Class Counsel’s attorneys’ fees, costs, and expenses by November 1, 2021. To object, your objection must be in writing and comply with the requirements of FAQ 15 above. To object, you must serve on Class Counsel and Greenway’s Counsel, at the addresses listed on the website, and file with the Clerk of Court, a written statement of the objection, as well as the specific reasons, if any, for the objection.

    The motion will be posted to the website listed below when it is filed.

  24. Getting More Information

  25. When and where will the Court decide whether to approve the settlement?

    The Court will hold a Final Fairness Hearing on Thursday, December 2, 2021 at the Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Courtroom 2106, Atlanta, GA 30303-3309. The Final Fairness Hearing will be in Judge Batten’s courtroom at 11:00 am. The Final Fairness Hearing will be held in person. At that hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are any objections, the Court will consider them. The Court will listen to people who it allows to speak at the hearing. The Court also may decide how much Class Counsel will receive in attorneys’ fees, costs, and expenses. After the hearing, the Court will decide whether to finally approve the settlement, finally certify the Settlement Class, and enter a final judgment directing that the settlement be carried out. We do not know how long that will take.

  26. Do I have to come to the Final Fairness Hearing?

    No. Class Counsel will answer any questions the Court may have. If you submitted an objection or a notice stating your intent to appear at the Final Fairness Hearing, you may come in person to the Final Fairness Hearing or appear through your own attorney. You are not, however, required to attend the Final Fairness Hearing, even if you have submitted an objection. The Court will consider your objection if it was timely submitted, whether or not you come to the Final Fairness Hearing.

  27. May I speak at the Final Fairness Hearing?

    You may ask the Court for permission to speak at the Final Fairness Hearing if you have filed a timely, written objection stating your intent to do so or a notice of your intent to do so, as provided in FAQ 15 above.

  28. Getting More Information

  29. Are more details available?

    On this website you will find, among other things, the Order Preliminarily Approving Settlement, the Consolidated Complaint, certain other case filings, and the Settlement Agreement. The motion for an attorneys’ fee, costs, and expenses award will also be posted to the website when it is filed. For more information, you may call the Class Administrator toll-free at 833-906-3771 by or write to Greenway EHR Class Action, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. For a complete statement of all the contentions and proceedings in this case, you may also consult files relating to the case which are available for your inspection at the office of the Clerk of the United States District Court for the Northern District of Georgia, at the Lewis R. Morgan Federal Building & United States Courthouse located at 18 Greenville Street, Newnan, Georgia, 30263-2789.

    PLEASE DO NOT CALL OR WRITE THE COURT OR GREENWAY FOR INFORMATION OR ADVICE ABOUT THIS SETTLEMENT.