NOVA SOUTHEASTERN UNIVERSITY INC. CLASSACTION SETTLEMENT

Nova Southeastern University Inc.
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
Case No. CACE18028483


TO:

All 1,152 patients who received a letter from Linda Niessen, Dean and Professor of Nova Southeastern University’s College of Dental Medicine, informing them that they may have been exposed to inconsistencies in prescribed sterilization protocols while a patient at NSU’s Post-Graduate Orthodontic Clinic located at 3200 South University Drive in Davie, Florida, between July 2015 to February 2018, and offering a screening blood test, and who obtained a screening blood test the results of which were negative for any viral disease from such exposure.


IF YOU ARE THE NAMED RECIPIENT OF THIS NOTICE, YOU HAVE BEEN IDENTIFIED AS A MEMBER OF A CLASS OF INDIVIDUALS FOR WHOM A SETTLEMENT HAS BEEN REACHED IN THE MATTER OF TIFFANY AGUERO, ET AL. V. NOVA SOUTHEASTERN UNIVERSITY, INC., CASE NO.: CACE-18-028483 (FLA. 17TH JUD. CIR.) AND WHO HAS NOT OPTED OUT OF THE SETTLEMENT (“SETTLEMENT CLASS”). ON MARCH 1, 2021, THE SETTLEMENT REACHED IN THIS CASE WAS GRANTED FINAL APPROVAL BY THE COURT. A COPY OF THE COURT’S ORDER GRANTING FINAL APPROVAL IS ENCLOSED WITH THIS NOTICE. PLEASE READ THIS NOTICE VERY CAREFULLY AND IN ITS ENTIRETY.

THIS NOTICE IS NOT AN EXPRESSION OF ANY OPINION BY THE COURT OR ANY PARTY AS TO THE MERITS OF ANY OF THE CLAIMS OR DEFENSES ASSERTED BY EITHER SIDE IN THIS LITIGATION. THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM YOU OF THE COURT’S APPROVAL OF THE SETTLEMENT AND TO PROVIDE YOU INSTRUCTIONS ON THE SUBMISSION OF YOUR CLAIM.

TERMS OF THE SETTLEMENT

Under the terms of the settlement, NSU has agreed to provide a total settlement fund of $5,456,000 (the “Fund”) in full settlement of the claims of the Settlement Class. The Fund will be used to pay for class notice and payment distribution administration expenses (estimated at no more than $100,000), as well as Class Counsel’s attorneys’ fees in the amount of $1,800,000, Class Counsel’s costs in the amount of $30,000, and service awards of $12,000 to the Class Representative and $2000 each to the “Consolidated Plaintiffs.” The remaining $3,458,000 (“Net Settlement Fund”) will be used to make cash payments of $3,000 to each Settlement Class Member who timely submits a full and complete claim form which is enclosed with this Notice. The settlement distribution process will be administered by an independent settlement administrator, RG2 Claims Administration, LLC (the “Settlement Administrator”), approved by the Court.

THE CLAIMS PROCESS AND CONDITIONS OF SETTLEMENT

In order to receive your payment pursuant to the settlement approved by the court, you will need to complete and return the following enclosed document: Claim Form

If the Settlement Class Member is a minor, the parent or guardian of the minor Settlement Class Member must provide their information and certification of same.

The Claim Form and Release must be fully completed and submitted to the Claims Administrator at the address identified below by first-class mail, postage prepaid, and postmarked no later than ninety (90) days after the Claims Administrator mails this Notice, the Claim Form, and the Release to the Settlement Class Members. The purpose of the Claim Form is to demonstrate that each of the Settlement Class Members satisfy the eligibility criteria for receipt of payment from the Fund. A claim form not timely and/or fully completed and timely submitted to the Claims Administrator in the manner described herein shall be invalid and will not be eligible for payment.

You are required to sign the Claim Form under the penalty of perjury.