Civil Practice – Class Action – Settlement Approval – Notice – Declaratory Judgment – Attorneys’ Fees 

In this action that arose more than ten years ago, the notice mailed to some class members was returned as undeliverable. Under the circumstances, this was not a violation of class members’ rights to due process. 

The court certifies a class of uninsured patients and approves a settlement which provides, among other things, that each class member will receive a 50-percent reduction of his or her original bill as well as credit for any payments previously made by the patient or a third-party. 

The relief provided in the settlement is essentially the same relief that the named plaintiff has sought from the outset of litigation. It is far preferable to the uncertainty and expense of continued litigation. 

Given the reasonable amount of time devoted to this case by plaintiffs’ counsel, the capableness of counsel, typical fees in similar cases (in excess of $250 per hour), and the fact that counsel undertook the representation with no assurance of payment, the court finds that an award of $75,000 in attorneys’ fees – representing only $168.08 per hour – is reasonable. 

Chambers v. Moses H. Cone Memorial Hospital (Lawyers Weekly No. 020-061-22, 15 pp.) (Adam Conrad, J.) John Bloss and Barry Kramer for plaintiff; Philip Mohr and Brent Powell for defendants. 2022 NCBC 61