Although the defendants denied the claims, the agreement was struck at mediation as part of a larger $7.3 million settlement that also resolved a similar Oregon lawsuit. Judge Dimke awarded class counsel a 27percent fee, less than the one-third requested, for various reasons cited with respect to plaintiffs ‘attorneys including mistakes that postponed final hearing on approval.
The court also approved a $15,000 incentive fee for lead plaintiff Myla Kurtz and $32,000 in court costs for class counsel. The balance of the funds will go to Working Washington and the Legal Foundation ofWashington, a non-profit organization that provides civil legal assistance to low-income personsthroughout our state.
The title of the case is Kurtz v. RCCH Trios Health LLC, No. 4:19-cv-05049, in the District Court for the Eastern District of Washington.