Case No. 19CV3073 in the State of Wisconsin Circuit Court for Milwaukee County

Frequently Asked Questions

  1. Why did I get this notice?

    1. Records show that Defendants Infinity Healthcare, Inc. or Infinity Healthcare Physicians, S.C. charged a basic, retrieval, processing and/or certification fee when you requested copies of your medical records or requested another individual’s records pursuant to a written authorization. This Notice explains that the Court has preliminarily certified a Settlement Class in the Lawsuit filed by Plaintiff. This Settlement may affect you. The Lawsuit is known as Timothy Rave v. Infinity Healthcare, Inc., et al., Milwaukee County Circuit Court Case No. 2019-CV-3073, which is filed in and available at the Clerk's Office for the Milwaukee County Circuit Court, at 901 North 9th Street, Milwaukee, WI 53233.

  2. What is the Lawsuit about?

    1. This Lawsuit is about whether the basic, retrieval, processing and/or certification fees that Defendants charged Plaintiff were lawful

  3. What is a class action and who is involved?

    1. In a class action lawsuit, one or more people called a "Class Representative" (in this case, Timothy Rave) sues one or more defendants (in this case, the Infinity Healthcare entities listed above) on behalf of other people who have similar claims. The people who have similar claims are collectively referred to as a "Class" or "Class Members." This case involves a Class of persons who were charged allegedly impermissible basic, retrieval, processing and/or certification fees by Defendants. The Settlement Class includes the Plaintiff, who represents all Class Members as the Class Representative. The purpose of this Notice is to let you know that there is a Settlement that has been preliminarily approved by the Court. If the Settlement is finally approved, your rights may be affected.

  4. Why is the Lawsuit a class action?

    1. The Court has preliminarily approved the Settlement proposed by Plaintiff and Defendants to settle this action on behalf of Timothy Rave and the Settlement Class as a class action. The Court found that the case met the requirements under Wisconsin law, which governs class actions before Wisconsin Courts. Because Plaintiff and Defendants have reached a Settlement, the Class is referred to as a "Settlement Class."

  5. What does the Lawsuit complain about?

    1. In the lawsuit, Plaintiff alleges that Defendants impermissibly charged him and the Settlement Class Members basic, retrieval, processing and/or certification fees to obtain copies of medical records contrary to Wis. Stat. § 146.83(3f)(b)(4)-(5) and Wisconsin common law.

  6. How do Defendants answer?

    1. Defendants deny any wrongdoing and assert that any basic, retrieval, processing and/or certification fees charged to Settlement Class Members to obtain copies of medical records were lawful. The Settlement does not mean that Defendants did anything wrong.

  7. Am I part of the Settlement Class?

    1. Defendants have provided your name as someone who might meet the Settlement Class definition.

      If you are a patient who Defendants charged, directly or indirectly to you, a basic, retrieval, processing, and/or certification fee to obtain patient healthcare records from April 18, 2013, you are part of the Settlement Class.

  8. What do I do to receive a Settlement payment?

    1. To be eligible to receive a Settlement payment, you must complete and sign the attached Claim Form and submit it by April 26, 2024. The Claim Form contains specific instructions on how to submit it.

  9. What happens if I do nothing at all?

    1. If you do nothing at all, you will not receive a payment, but you will still be included as a member of the Settlement Class and be bound by the terms of the Settlement, which means any claim you have against Defendants related to any basic, retrieval, processing and/or certification fees will be extinguished by this Settlement.

  10. What if I do not want to be included in the Settlement Class?

    1. If you do not want to be included in the Settlement Class, you may exclude yourself from the Settlement Class. If you exclude yourself from the Settlement Class, you will not be entitled to any payment and you will be free to independently pursue your own claims against Defendants on your own or as part of a different lawsuit, should your claims be viable, at your own expense.

      To exclude yourself from the Settlement Class, you must submit a request to that effect in writing which includes (1) your contact information, (2) the information you would submit through the attached Claim Form to show that you belong to the Settlement Class, and (3) a statement that you wish to be excluded from this Settlement. Any such request must be submitted to the attorneys for the Parties and to the administrator of this Settlement:


      Attorneys for Plaintiff:

      Robert J. Welcenbach
      Welcenbach Law Offices
      933 North Mayfair Rd, Ste 311
      Milwaukee, WI 53226

      [email protected]

      J. Craig Jones
      Jones & Hill, LLC.
      131 Highway 165
      Oakdale, LA 71463


      [email protected]

      Scott C. Borison
      Borison Firm, LLC.
      1400 S Charles St.
      Baltimore, MD 21230

      [email protected]


      Attorneys for Defendants:

      Settlement Administrator:

      Michael D. Leffel
      Foley & Lardner LLP
      150 East Gilman St, Ste 5000
      Madison, WI 53703-1482

      [email protected]

      Rave v Infinity Healthcare
      PO Box 23489
      Jacksonville, FL 32241


      [email protected]

  11. What if I want to object to the Settlement?

    1. If you wish to object to the Settlement, you must submit such an objection in writing to the Court. To be effective, the objection must (1) reference the Lawsuit, (2) provide your contact information, (3) provide the information you would submit in the Claim Form to show that you belong to the Settlement Class, (4) provide a written explanation of the grounds for the objection, (5) indicate whether you intend to attend the Final Approval hearing and (6) be signed by you, the class member. By objecting, you consent to a deposition by the attorneys for the Parties to determine whether you belong to the Settlement Class as well as the basis for your objection. If you do not object before the deadline — April 26, 2024 — you waive the ability to do so.

  12. Will there be a hearing regarding the Settlement?

    1. The Court has preliminarily approved the Settlement. The Court will hold a Final Approval hearing on May 23, 2024 at 10:00 am at the Milwaukee County Courthouse 901 North 9th Street, Room 413, Milwaukee, WI 53233. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check in with Plaintiff’s Counsel or to consult the Court’s website: https://wcca.wicourts.gov. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them and will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement. We do not know long the Court will take to reach its decision.

      You do not need to attend the hearing. Class Counsel will answer questions the Court may have. However, you or your own lawyer may attend the hearing at your own expense. If you send an objection, you do not need to come to the Court to talk about it. As long as you have filed your written objection on time, the Court will consider it. You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include that request in your objection

  13. Do I have a lawyer in this Lawsuit?

    1. Yes. The Court decided that Robert Welcenbach, J. Craig Jones, and Scott C. Borison are qualified to represent the Settlement Class Members. They are called "Class Counsel." Class Counsel can be reached through Robert Welcenbach, Welcenbach Law Offices, S.C., 933 N. Mayfair Rd., Suite 311, Milwaukee, WI 53226 or [email protected]. The Court found that Class Counsel is experienced in handing similar cases on behalf of consumers.

  14. Should I get my own lawyer?

    1. You do not need to hire your own lawyer because Class Counsel is working on your behalf. However, if you want your own lawyer, you may hire one at your own expense. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you.

  15. How will Class Counsel be paid?

    1. Class Counsel will be paid by Defendants as set forth above.