Fidelity Settlement Update

We are pleased to report that the checks to all timely claimants have been mailed. If you timely and properly filed a claim, your check has been mailed. Congratulations! The check you received will be the final compensation for all of your family's properly supported, unpaid medical claims which should have been paid by the Fidelity Plan. The check represents full and complete compensation for all recoveries you and/or your family will receive under the terms of the settlement in Gunnells v. Fidelity Group, Inc. et al. C.A. NO: 2:98-2659-23. This is the final payment you will receive from this lawsuit.

After attorneys' fees and costs were subtracted, eligible claimants filing a properly documented, timely claim will have been compensated for their verifiable claims. The settlement funds remaining after all claimants receive full compensation for their medical bills were shared among all claimants in proportion to the total verifiable medical claims. Thus, if a family's verified medical claims were 10% of the total claims approved, that family would receive 10% of the remaining funds after everyone had first recovered their unpaid claims.

Some potential claimants failed to submit timely claims and/or failed to comply with the requirements of the settlement documents. Failure to comply with deadlines or rules of the settlement led the Administrator to deny certain claims. Only timely filed, verified covered claims were compensated in this settlement.

For many of claimants, the final amount of the enclosed settlement check is less than the preliminary amount previously sent by letter from class counsel on December 2, 2006. The reason for the change is that several people identified claims and provided information to correct calculations, which were not properly adjudicated in the preliminary calculations. The corrected amount of these claims allowed some claimants to be properly paid for their timely filed and verified medical bills that affected everyone's preliminary calculations. Now, everyone who timely filed a claim has had an opportunity to identify issues or concerns. No further changes will be made.

An updated spreadsheet showing all claimants' total recoveries is available for inspection and downloading HERE. Please address all questions to the Administrator at 1-866-300-7944.

THIS IS THE LAST PAYMENT YOU OR ANYONE ELSE WILL RECEIVE FROM THIS LAWSUIT. DO NOT CASH OR DEPOSIT THE CHECK UNLESS YOU UNDERSTAND AND AGREE THAT THE CHECK CONSTITUTES FULL AND FINAL SETTLEMENT OF ALL CLAIMS YOU HAVE ARISING OUT OF AND/OR RELATED TO THE MATTERS SET FORTH IN GUNNELLS v. FIDELITY GROUP, INC. et al, C.A. NO: 2:98-2659-23. BY CASHING OR DEPOSITING THIS CHECK, YOU ACKNOWLEDGE YOUR SATISFACTION WITH THE HANDLING OF THIS CLAIM, THE EXPENSES INCURRED IN THE PURSUIT OF THIS SETTLEMENT, THE AMOUNT OF THE SETTLEMENT, THE ADVICE OF CLASS COUNSEL, AND THE RESULT OF THE CASE.

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From offices in Barnwell, Charleston, and Mount Pleasant, South Carolina, and Edwardsville, IL, the law offices of Richardson, Patrick, Westbrook & Brickman, LLC provide professional representation to clients with complex litigation issues. Contact an RPWB attorney at 888-293-6883 or online with any questions or to explore your legal rights.

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