This page provides the answers to class members’ most frequently asked questions.
The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.
No, you are not being sued.
A lawsuit was filed in the United States District Court for The District of New Hampshire. The lawsuit alleges that Dartmouth Hitchcock violated ERISA—the federal law that governs most retirement plans in the United States. The people who are pursuing the lawsuit (“Plaintiffs”) claim that Dartmouth Hitchcock paid higher recordkeeping and administrative fees than necessary. Plaintiffs also alleged that Dartmouth Hitchcock failed to monitor the Plan’s Committee that was responsible for monitoring the Plans’ fees.
Dartmouth Hitchcock denies the allegations in the lawsuit and contends that its conduct was entirely proper. Dartmouth Hitchcock has asserted, and would assert if the lawsuit continues, a number of defenses.
Settlement Class Members are people (except Defendants and their immediate family members) who were participants in or beneficiaries of the Plans from March 18, 2016 to March 25, 2026.
The Parties have agreed to the Settlement after extensive negotiations. By agreeing to the Settlement, the Parties avoid the costs and risks of further litigation, and Plaintiffs and other members of the Settlement Class will receive compensation. Class Counsel have reviewed the evidence in the case and the risks and benefits of continued litigation, and they believe the Settlement is in the best interest of the class. The Court has not decided that Dartmouth Hitchcock has done anything wrong.
The Plans have hired an independent fiduciary to evaluate the fairness of the Settlement. The independent fiduciary is ___.
As part of the Settlement, Dartmouth Hitchcock has agreed to make a one-time payment of $850,000 (the “Settlement Amount”). After deduction of any amounts the Court approves to pay settlement-related expenses (including Attorneys’ Fees and Expenses to Class Counsel, fees for hiring an Independent Fiduciary, Administration Costs, and Taxes and Tax-Related Costs), and any amounts to the Class Representatives as case contribution awards, the remaining amount (known as the “Net Settlement Amount”) will be paid to Settlement Class Members.
Settlement Class Members are people (except Defendants and their immediate family members) who were participants in or beneficiaries of the Plans from March 18, 2016 to March 25, 2026.
The Parties have agreed that no distribution will be made to Settlement Class Members who are no longer participants in the Plans and would otherwise be entitled to a payment of $5 or less. Settlement Class Members who are current participants in the Plans are not subject to this restriction. The Plan of Allocation is posted here.
Settlement Class Members who have money in their Dartmouth Hitchcock Plan account(s) at the time of the distribution will receive any distribution through a deposit into their Dartmouth Hitchcock Plan account(s). To the extent feasible, that money will be invested in accordance with each Settlement Class Member’s instructions for investment of new contributions at the time the distribution is made, or, if no such instructions are in effect, to the applicable qualified default investment option. Settlement Class Members who do not have money in their Dartmouth Hitchcock Plan account(s) as of the date of distribution (“Former Participants”) will receive a check from the Settlement Administrator.
Distributions to Settlement Class Members will be calculated by the Settlement Administrator according to the Plan of Allocation approved by the Court and available here.
Yes. In granting preliminary approval of the proposed Settlement, the Court appointed the Plaintiffs’ lawyers to serve as “Class Counsel” for the Settlement Class. The attorneys for the Settlement Class are as follows:
Mark K. Gyandoh
Capozzi Adler P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: 610-890-0200
You will not be charged separately for the work of these lawyers; their compensation will come from the Settlement Amount and will be determined by the Court. If you want to be represented by a different lawyer in this case, you may hire one at your own expense.
The Settlement does not allow Settlement Class Members to exclude themselves from the settlement or decide not to be a part of the Settlement because the Class was certified under Federal Rule of Civil Procedure 23(b)(1) for the purposes of settlement only. Therefore, as a Settlement Class Member, you are bound by any judgments or orders that are entered in the Class Action for all claims that were asserted in the Class Action or are otherwise included as Released Claims under the Settlement. While some class action settlements allow class members to “opt out” of the settlement, because of the nature of the claims Plaintiffs have asserted in this lawsuit, Settlement Class Members in this case do not have a right to opt out. If you dislike some portion of the Settlement, your only recourse is to object to the Settlement.
Settlement Class Members can object to the Settlement and give reasons why they believe that the Court should not approve it. To object, you must send a written statement explaining that you object to the Settlement in Adams et al. v. Dartmouth-Hitchcock Clinic et al., No. 1:22-cv-00099-LM to the Clerk of the Court, United States District Court for The District of New Hampshire, 55 Pleasant Street, Room 110, Concord, NH 03301. Please note that the Court’s Order Granting Preliminary Approval of this Settlement provides that any party to the litigation may, but is not required to, serve discovery requests, including requests for documents and notice of deposition not to exceed two hours in length, on any objector. Any responses to discovery, or any depositions, must be completed within ten days of the request being served on the objector.
Objections must be filed with the Court Clerk on or before July 14, 2026. Objections filed after that date will not be considered. Any Settlement Class Member who fails to submit a timely objection will be deemed to have waived any objection, and any untimely objection will be barred absent an order from the Court. Objections must include: (1) the case name and number; (2) your full name, current address, telephone number, and signature; (3) a statement that you are a Settlement Class Member and an explanation of why you claim to be a Settlement Class Member; (4) all grounds for the objection, accompanied by any legal support known to you or your counsel; (5) a statement as to whether you or your counsel intends to personally appear at the Final Approval Hearing; and (6) a list of anyone you or your counsel may call to testify at the Final Approval Hearing.
The Court has granted preliminary approval of the proposed Settlement, finding that it is sufficiently reasonable to warrant preliminary approval, and has approved delivery of this notice to Settlement Class Members. But the Settlement will not take effect unless it receives final approval from the Court following an opportunity for Settlement Class Members to object.
The Court will hold a Final Approval Hearing on August 13, 2026 at 2:00 p.m. to consider any objections. The Final Approval Hearing will take place in the courtroom of Judge Landya B. McCafferty of the United States District Court for the District of New Hampshire, U.S. District Court, 55 Pleasant Street, Room 1, Concord, NH 03301. The date and location of the Final Approval Hearing is subject to change by order of the Court, which will appear on the Court’s docket for this case and on this website.
You may contact the Settlement Administrator by email at DartmouthHitchcockERISA@noticeadministrator.com, or call at 844-286-3944.