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Frequently Asked Questions

1.
How do I contact the Settlement Administrator?

2.
Why is there a lawsuit? What is the case about?

3.
How do I know if I am a Class Member?

4.
What do I do if I don't agree with the Settlement?

5.
What are the deadlines that I have to meet if I want to object or exclude myself from the class?

6.
If I filed an Objection, am I still a member of the Settlement Class?/a>

7.
Has the settlement been approved?

8.
What do I need to do to participate in the Settlement?

9.
What are the benefits being offered under the Settlement?

10.
How much will I receive if I submit a claim form?

11.
How do I know if the Settlement Administrator has determined that my claim is valid?

12.
When will the Settlement be distributed?

13.
Who is representing me?

14.
How can I get a detailed list of my purchases and rentals?

15.
When is the Claim Form due?

16.
If Medicare (or other insurance) covered the cost of my Hill-Rom product, am I still a class member?

1.     How do I contact the Settlement Administrator?

You may write to:

Spartanburg Settlement
P.O. Box 9000 #6394
Merrick, NY 11566-9000

OR

call

1-800-967-8683

2.     Why is there a lawsuit? What is the case about?

The Plaintiff alleges that, beginning in 1990, Hill-Rom, Inc., Hill-Rom Company, Inc. and Support Systems International ("SSI") (collectively "Defendants" or "Hill-Rom") engaged in anti-competitive actions in the sale and rental of Hill-Rom products by (1) engaging in the restraint of trade by offering discounts on Hill-Rom standard beds and in-room products that were conditioned on commitments to rent Hill-Rom or SSI's specialty bed products; (2) maintaining Hill-Rom's alleged monopoly in the alleged standard beds market; and (3) attempting to monopolize the alleged market for specialty beds by using Hill-Rom's alleged market power in standard beds and in-room products.

As a result, Plaintiff alleges that members of the settlement class paid higher prices for Hill-Rom and SSI products than they would have paid in the absence of this illegal conduct.

3.     How do I know if I am a Class Member?

You are a Class Member if you are a person or entity that purchased or rented products from Hill-Rom, Inc., Hill-Rom Company, Inc., or Support Systems International in the United States or Canada during the time period January 1, 1990 through February 2, 2006.

4.     What do I do if I don't agree with the Settlement?

The deadlines for submitting an objection to the settlement or to submit a request for exclusion from the settlement have passed.

5.     What are the deadlines that I have to meet if I want to object or exclude myself from the class?

The deadlines have passed. Requests for exclusion must have been postmarked no later than April 17, 2006. If you wished to object to the settlement, your objection should have been received by the Court by April 17, 2006.

6.     If I filed an Objection, am I still a member of the Settlement Class?

Yes. Unless you excluded yourself, you will remain a member of the class.

7.     Has the settlement been approved?

A Fairness Hearing was held on June 14, 2006 at 9:30 am in Spartanburg, South Carolina. By Order dated June 15, 2006, the Court deemed the settlement to be fair, reasonable and adequate, and in the best interests of the Settlement Class.

8.     What do I need to do to participate in the Settlement?

To make a claim and receive a Cash Payment, a Participating Class Member must have completed, signed and returned a Claim Form to the Settlement Administrator. The deadline for submitting a Claim Form has passed.

9.     What are the benefits being offered under the Settlement?

Under the Settlement Agreement, Defendants will pay a cash settlement of $337,500,000 and continue for three years from the date of the Settlement Agreement to follow pricing policies Hill-Rom initiated in October 2002. Plaintiff's expert has valued Defendants' agreement to continue that policy for three years at an additional $152,300,000 but Defendants do not agree with that valuation.

Whether you made a claim or received payment from the Settlement Fund, if you remain a member of the Settlement Class you will be bound by the judgment entered by the Court in this action and the Release and Covenant Not to Sue as set forth in the Settlement Agreement.

You can review the complete terms of the Settlement Agreement by clicking here.

10.     How much will I receive if I submit a claim form?

Pending approval by the Court, the money in the Escrow Fund will be allocated in pro rata shares among those class members who the Settlement Administrator has determined to have submitted a valid claim as described in the Memorandum of Law re the Distribution of Funds, dated April 2, 2007, a copy of which is accessible by clicking here. You can ascertain the amount of your award by simply clicking here and entering the Claim Number and Control Number on the Claim Form which was mailed to you. In the alternative, you may request this information from the Settlement Administrator.

11.     How do I know if the Settlement Administrator has determined that my claim is valid?

If the Settlement Administrator has determined that your claim is either partly or completely invalid, you were sent a Final Decision letter dated March 30, 2007 informing you of the Settlement Administrator's determination. If you received such a letter you have until April 13, 2007 to appeal that decision to the Court. Any Appeal should be sent to: Office of the Clerk, United States District Court, District of South Carolina, 300 E. Washington Street, Greenville, SC 29601. Your appeal must contain your full legal name, address and telephone number, and the name and docket number of the litigation (Spartanburg Regional Health Services District, Inc. v. Hillenbrand Industries, Civil Action No. 7:03-2141-(HFF).

12.     When will the Settlement be distributed?

Based on the Plan of Distribution, the Settlement Administrator anticipates being able to make the pro rata payments to each class member with an approved claim within approximately 30 days after the Court authorizes the Settlement Administrator to make such payments. It is not known precisely when the Court may act, but we will post the Court's Order authorizing payments once it is granted. You can review the Plan of Distribution, by clicking here.

13.     Who is representing me?

Class Counsel who have been appointed by the Court to represent class members are:

John G. Felder, Sr.
FELDER & McGEE, LLP
Post Office Box 346
St. Matthews, South Carolina 29135

R. Laurence Macon
AKIN GUMP STRAUSS HAUER & FELD LLP
300 Convent Street, Suite 1500
San Antonio, TX 78205-3732

Richard L. Wyatt, Jr.
AKIN GUMP STRAUSS HAUER & FELD, LLP
1333 New Hampshire Avenue, N.W.
Washington D.C. 20036-1564

Gordon Ball
BALL & SCOTT
550 West Main Street, Suite 601
Knoxville, Tennessee 37902

14.     How can I get a detailed list of my purchases and rentals?

To access a detailed list of your purchases and/or rentals, click here and then enter your Claim Number and Control Number listed on page one of the Claim Form which was mailed to you. You may also write to the Settlement Administrator at Spartanburg Settlement, P.O. Box 9000 #6394; Merrick, NY 11566-9000.

15.     When is the Claim Form due?

You must have completed and submitted the Claim Form to the Settlement Administrator postmarked on or before December 30, 2006, to be eligible to receive money from the Settlement.

16.     If Medicare (or other insurance) covered the cost of my Hill-Rom product, am I still a class member?

If you were billed and paid for the use of Hill-Rom products and received a Claim Form with your transactions summarized on page one, then you are a Class Member.