Who is included in the settlement?
- You must live in the United States.
- You must have paid a tobacco or nicotine surcharge connected with the Advocate Aurora Health Welfare Benefit Plan during the class period. This can be a surcharge for you or for a covered spouse, domestic partner, or other dependent.
- The class period runs from September 25, 2018 through December 31, 2025.
- Certain people are excluded, including the defendants’ named officers and directors, named Plan fiduciaries, counsel for the parties, and federal judges assigned to this case.
Do I need to file a claim or send proof to get paid?
- No claim form or supporting documents are required.
- If the settlement receives final approval and you are entitled to payment under the Plan of Allocation, the Settlement Administrator will mail a check to your last known address.
How will payment amounts be calculated?
- The $8.95 million fund is not all paid directly to class members. It also covers settlement administration, the Independent Fiduciary’s fees and expenses, court-approved attorneys’ fees and costs, and any court-approved awards to the three Class Representatives.
- The remaining net settlement amount will be divided among class members based on the net tobacco or nicotine surcharges each person paid during the class period.
- The notice does not state a fixed dollar payment per person. The Plan of Allocation will determine the amount.
When could checks be mailed?
- The Court is scheduled to consider final approval on February 4, 2027.
- Payments can be processed only after final approval and after any appeals are resolved. An appeal may take a year or longer, according to the notice.
- There will be no payments if the settlement is terminated.
Can I opt out of the settlement?
- No. This is a mandatory class, so class members cannot leave the settlement to pursue their own claims or for another reason.
- If the settlement is approved, class members are bound by the court’s orders and give up the released claims described in the Settlement Agreement.
- You may still object to the settlement.
How do I object or ask to speak at the final approval hearing?
- Your written objection must be filed with the Court and mailed to the Clerk of Court, Class Counsel, and Defendants’ Counsel by January 7, 2027.
- It must be signed and include your contact information, the reasons for your objection, the position you want to assert, and any documents you want to use in support. The notice lists additional required information.
- To ask to speak at the hearing, you must timely file and mail a Notice of Intention to Appear with your objection.
What happens if I do not cash my check?
- You have 180 calendar days from the check’s issue date to cash it.
- If you do not cash it in time, money allocated to people who cannot be located, cannot receive payment, or do not cash checks will be split equally between Advocate Charitable Foundation and Aurora Health Care Foundation, Inc.
- Those funds will not return to the defendants or an insurer.
Other Important Dates
- Objection deadline: 2027-01-07
- Final approval hearing: February 4, 2027, at 9:15am
- Hearing location: Everett McKinley Dirksen United States Courthouse, Courtroom 1425, 219 South Dearborn Street, Chicago, Illinois 60604
Case Details
- Total settlement fund: $8,950,000
- Case name: Rogers v. Advocate Aurora Health, Inc., et al.
- Case number: 1:24-cv-8864 (N.D. Ill.)
- Court: United States District Court for the Northern District of Illinois, Eastern Division
- Official Settlement Website: https://www.aaherisasettlement.com
Sources
Official Settlement Website
Claim form, FAQ, deadlines, administrator information
Visit Site →Claim form, FAQ, deadlines, administrator information
Official Settlement Notice (PDF)
Court-approved notice describing eligibility and benefits
Open PDF →Court-approved notice describing eligibility and benefits