Miller Shah LLP and Capozzi Adler P.C. Announce Class Certification in a Class Action Lawsuit on Behalf of Participants in the Universal Health Services, Inc. Retirement Savings Plan


PHILADELPHIA, Aug. 05, 2022 (GLOBE NEWSWIRE) -- Miller Shah LLP and Capozzi Adler P.C. Announce that the United States District Court for the Eastern District of Pennsylvania has approved the following announcement of a class certification in a class action lawsuit to potentially benefit current and former participants and beneficiaries in the Universal Health Services, Inc. Retirement Savings Plan:

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
A Court Authorized This Notice. This ls Not A Legal Solicitation.

If you are or were a participant or beneficiary in the Universal Health Services, Inc. Retirement Savings Plan at any time on or after June 5, 2014 to the present (“Class Period”), including a beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period, a class action lawsuit may affect your rights.

This notice concerns a class action lawsuit brought by Plaintiffs, Mary K. Boley, Kandie Sutter, and Phyllis Johnson (“Plaintiffs”), on behalf of themselves and others who were participants and beneficiaries in the Universal Health Services, Inc. Retirement Savings Plan (the “Plan”) at any time since June 5, 2014 to the present. The lawsuit is known as Boley et al. v. Universal Health Services, Inc., Civil Action No 2:20-CV-02644-MAK.

Plaintiffs allege that Defendants, Universal Health Services, Inc. and the UHS Retirement Plans Investment Committee (“Defendants”), violated the Employee Retirement Income Security Act (“ERISA”) by offering as investment options to Plan participants the active suite of Fidelity Freedom Funds and neglecting to offer participants less expensive available share classes or collective trusts of certain other Plan investments, all of which Plaintiffs assert was imprudent. Plaintiffs also allege that Defendants violated ERISA by allowing the Plan and its participants to pay excessive recordkeeping/administrative costs and investment-related fees for Plan investments.

Defendants deny all of Plaintiffs’ claims and deny that they have violated ERISA in any way. Defendants also deny that any class members are entitled to any compensation, damages or other relief. There has been no decision regarding the outcome of Plaintiffs’ claims. By establishing the Class and issuing this Notice, the Court is not expressing an opinion about the eventual outcome of this action.

Class Certification

On March 8, 2021, the Court issued an Order certifying the following Class:

All participants and beneficiaries in the Universal Health Services, Inc. Retirement Savings Plan at any time on or after June 5, 2014 to the present, including a beneficiary of a deceased person who was a participant in the Plan at any time during the Class Period.

How do I determine if I am a Class Member?

The Class certified by the Court includes all current and former participants and beneficiaries of the Plan that were participants or beneficiaries at any time on or after June 5, 2014, including any beneficiaries of any deceased person who was a participant of the Plan during the Class Period. If you are receiving this Notice by email, data provided by the Plan’s recordkeeper has identified you as a potential Class Member. If you have any questions about whether you are a Class Member, please contact the lawyers who the Court has appointed as Class Counsel, who are identified below.

Who represents me?

The Court has appointed the following lawyers to represent the Class.

Mark K. Gyandoh
Donald R. Reavey
Gabrielle P. Kelerchian
Capozzi Adler P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Email: markg@cappoziadler.com
donaldr@capozziadler.com
gabriellek@capozziadler.com
James E. Miller
James C. Shah
Eric L. Young
Laurie Rubinow
Miller Shah LLP
1845 Walnut Street, Suite 806
Philadelphia, PA 19103
(866) 540-5505
Email: jemiller@millershah.com
jcshah@millershah.com
elyoung@millershah.com
lrubinow@millershah.com

You should contact the above Class Counsel if you have any questions about this case. You may also hire your own attorney, if you wish, to represent your interests in this case but you may have to pay that attorney.

What are my options if I am a Class Member?

The Court has certified the Class under Rule 23(b)(1) of the Federal Rules of Civil Procedure. You do not have a right to exclude yourself from the Class. You do have the right to be kept updated regarding the progress of the litigation, including attending the trial of this action, and you should contact the above Class Counsel if you have any questions in that regard. This case is currently scheduled to begin trial on December 13, 2022 in Courtroom 6B of the United States Courthouse at 601 Market Street, Philadelphia, PA 19106. You will receive a separate notice if a proposed resolution is reached in this case at any point in the future or if a judgment is entered in favor of the Class.

PLEASE DO NOT CONTACT THE COURT OR DEFENDANTS ABOUT THIS NOTICE