Information Regarding UFCW & Employers Benefit Trust v. Sutter Health
In 2014, the United Food and Commercial Workers and Employers Benefit Trust filed a lawsuit against Sutter on behalf of itself and other self-funded payers that access our network through our contracts with insurers. We continue to maintain that the substantive allegations in this lawsuit claiming anti-competitive conduct are false and without merit. Please see the following statement from Sutter Health regarding the latest development in this case:
We regret that as part of the mistaken application of a routine archiving process, we failed to preserve some boxes of decades-old hard-copy documents that UFCW’s attorneys seek now in discovery. We stepped forward to disclose the situation as soon as we discovered the missing boxes.
The archived boxes in question included printouts of contract proposals, letters and other papers that were between 10 and 20 years old and had been in a warehouse for more than 10 years.
If these issues are raised at trial, we are confident that the full record will confirm that the incident was a mistake made as part of a routine process of destroying paper records that are more than a decade old.
We take this matter very seriously, and we are engaging in a robust effort to ensure that our employees understand their obligations regarding document retention, the impact of litigation holds on these retention requirements, and the rigor with which we must manage our information.
Regarding the lawsuit itself, we continue to maintain that the substantive allegations underlying this lawsuit around anti-competitive claims are false and without merit.
Please also see this memo to employees from Sutter Health President & CEO Sarah Krevans.