Thursday, February 05, 2015

A proposed settlement in the class action lawsuit vs psychiatric facilities SLS Residential Inc., SLS Health, Inc., SLS Wellness, Inc., Supervised Lifestyles, Inc. in the state of New York

As seen in this PDF from the website of Sussman & Watkins

An important point is that it is highly recommended that any claims be submitted by the end of next week, the 13th of February 2015

NOTICE OF CLASS ACTION SETTLEMENT (Romano, et al. v. SLS Residential, Inc., et al.; No. 07cv2034 (MHD))

A proposed settlement has been reached between the plaintiff class and the SLS defendants in this class action lawsuit.

You are receiving this notice and the attached Claims Form because you were previously identified as a member of the class. The terms of the proposed settlement are as follows:

• A total Settlement Amount of $3,000,000 (Three Million Dollars) distributed as follows:
• Payment of a total of $1,929,000 to 269 class members. Individual awards are based on length of stay at SLS during the class period (July 1, 2004 - May 31, 2006).
• Payment of $108,000 in service awards to class member deponents;
• Payment of $150,000 service/incentive award to the class representative;
• Payment of $740,000 in attorneys' fees to Sussman & Watkins;
• Payment of $58,500 to Sussman & Watkins for out-of-pocket costs;
• Reserve fund of $14,500.

There are 269 class members. Individual settlement awards range from $500 to $17,000. The amount you receive is based on the length of time you were at SLS client during the class period of July 2004-May 2006. In addition, more weight has been given for periods in which class members resided in the Multicare houses or PAT townhouses than for time spent in the SDL apartments or Case Management. A copy of the Settlement Agreement and the plaintiffs' legal brief requesting that the Court approve the Settlement is available at the website of Sussman & Watkins, which is www.sussmanwatkinslaw.com
To the extent that any of the 269 class members exclude themselves from this settlement or do not submit claims forms after the final deadline, their unclaimed settlement awards will be aggregated and distributed to the remaining class members. That means that you may receive a second payment several months after the first, but the size of that payment will not be able to be determined until after the final deadline for submitting claims forms.

For instructions on submitting a claim, or if you want to object to, or exclude yourself from, this proposed settlement, [...] (or) For all questions about the Settlement, you may contact Class Counsel at:

Sussman & Watkins
PO Box 1005
1 Railroad Ave.
Goshen, NY 10924
(845) 294-3991
Michael Sussman: sussmanl@frontiernet.net
Christopher Watkins: chris_sussmanl@frontiernet.net

Once you have completed the Claims Form, mail it back to Sussman & Watkins. The initial deadline to mail back your Claims Form is February 13, 2015. There will be a second chance for Class Members to submit Claims Forms after the Court gives final approval of the settlement, but you should get your Claims Form in now to avoid any problems regarding your claim. If you lose or misplace your Claims Form, you should contact Sussman & Watkins for a new one.

Timing of Settlement Payments: The settlement funds will be distributed within thirty days or so after the Court has given its final approval of the settlement. Currently, the Fairness Hearing for the judge to make that determination is scheduled for February 24, 2015 at 10:00 a.m., but it may be adjourned or continued. You can check the website of Sussman & Watkins (www.sussmanwatkinslaw.com) for updates regarding the status of the settlement, including notification of when the judge has given final approval of the settlement and the anticipated date settlement awards will be mailed to class members who submitted Claims Forms
As seen here (PDF) New York State had ordered Putnam mental-health company SLS to giveup permits to operate
The state has ordered a private Putnam County-based mental-health provider that treats teens and young adults to surrender its operating certificates after the mental-health commissioner upheld charges that the for-profit facility violated patients' rights and ignored state regulations.
More information here on the fallout from the state shutdown
A Putnam County-based, for-profit mental health provider that treats teens and young adults lost its latest legal battle when an appellate court upheld the state mental health commissioner's decision to revoke its operating certificates because it violated patients' rights and ignored state regulations.

The state OMH is already moving toward shutting down the 20-year-old company.

"We are gratified by the decision of the Appellate Division, Second Department, which unanimously upheld the (OMH) commissioner's final determination revoking all three operating certificates," Leesa Rademacher said in a statement. "OMH will immediately begin working cooperatively with SLS to (ensure) that all patients currently being served by the programs will be transitioned to appropriate care settings."

[...]

Pleasantville resident Glen Feinberg, an attorney who has alleged his son received abusive treatment while an SLS patient, said he does not think it can successfully appeal the latest ruling.

"The courts are not likely to overturn the unanimous ruling upholding OMH's determination that SLS lacks the character and competence to operate a licensed facility in New York state," Feinberg wrote in an email Tuesday.

1 comment:

Anonymous said...

It's fantastic to see that you are covering SLS again.

One shocking piece of news that no one is aware of is that SLS has reopened in Danbury, CT under the name Blue Sky Behavioral Health and they continue to use properties in NY State to house patients. It appears prison will be invertible.

Another shocking fact: out of the 269 class members who opted-in to the lawsuit - 22 are now deceased. That is an astounding number and does not even account for the patients who may have opted out or could never be located.