The New Asheville Settlement Is Mission Hospital’s: HCA and Insured Patients Reached an “Agreement in Principle” Disclosed September 30, 2026 — Three Weeks After the Judge Refused to Certify the Class. No Terms, No Claim Form.
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Davis et al. v. HCA Healthcare, Inc. and Mission Health System, Case No. 21 CV 03276, North Carolina Superior Court, Buncombe County, heard in the North Carolina Business Court by Judge Mark A. Davis. The class action that insured residents of western North Carolina filed on August 10, 2021, accusing HCA and Mission Hospital of using a regional monopoly to force anticompetitive terms on insurers, is heading to settlement: the plaintiffs, HCA and Mission reached an “agreement in principle,” disclosed when Judge Davis paused the case’s deadlines on September 30, 2026, Asheville Watchdog reported on October 2. That came three weeks after the same judge denied class certification on September 8, 2026, without prejudice. As of October 19, 2026, no terms, no dollar amount, no settlement website and no claim form are public. HCA and Mission deny wrongdoing.
By Settlement Insight Data Desk ·

The short answer: a settlement is coming, but there is nothing to claim
If you searched for the latest Asheville settlement, this is the new one. The long-running antitrust class action against Mission Hospital and its owner, HCA Healthcare, appears close to a deal. According to Asheville Watchdog, “A court filing this week says the plaintiffs, HCA and Mission Hospital have reached an ‘agreement in principle’ to resolve the claims in the lawsuit accusing Mission of anticompetitive practices that drove up healthcare costs in western North Carolina.” The news came on September 30, 2026, in an order from Judge Mark Davis of the North Carolina Business Court pausing upcoming filing deadlines. The pause was requested, the motion said, to “engage in the process of finalizing the terms and condition of a proposed class-wide settlement agreement.”
What that means for you, as of October 19, 2026: nothing has to be done and nothing can be claimed. “No details of the settlement have yet been made public,” the Watchdog wrote. An agreement in principle is not a signed settlement. It has to be written up, filed and approved by the court before any notice goes out. We found no settlement administrator, no official website and no claim form. The plaintiffs’ attorney, Mona Lisa Wallace, told the Watchdog she could not comment while the case is pending. A Mission spokesperson said: “We are ready to put this longstanding matter behind us and turn our attention to the future and what matters most: caring for the people and communities of Western North Carolina.”
Who could be covered: insured patients in the Mission region since August 2017
The lawsuit was brought on behalf of people who buy health insurance in Mission’s territory. The class the plaintiffs proposed in their certification motion of December 17, 2025 covered, in The Source on HealthCare’s summary, “North Carolina residents and entities within the Mission Hospital region who paid a portion of health insurance premiums any time after August 10, 2017, under contracts involving Mission/HCA and either Blue Cross Blue Shield or UnitedHealthcare.” The named plaintiffs include a Burke County machinist, an Asheville auction house, an executive chef and a Black Mountain psychologist who, the complaint says, paid more for insurance because of Mission’s pricing.
Whether a settlement class would look the same is unknown. The judge had just rejected that class (see below), and settlement classes are often drawn differently. What the deal would provide is also unknown, and the sources disagree on what the plaintiffs were after. Asheville Watchdog wrote that the suit “sought injunctive relief, which would bar Mission and HCA from alleged anticompetitive practices towards health insurers.” The Source on HealthCare’s case summary says: “Plaintiffs seek damages and an injunction to prevent future anticompetitive activity.” So a settlement could mean changes to Mission’s insurer contracts, money, or both. Don’t count on a check until a filed agreement says so.
Not every defendant is part of the deal. The Watchdog reports that the settling defendants are the corporate entities of HCA Healthcare and Mission Hospital. “Notably not included is ANC Healthcare,” the wind-down entity of the former nonprofit Mission, which moved the sale proceeds to Dogwood Health Trust.
What happens next, and what to do
In North Carolina’s courts, a class settlement goes through steps you will be able to watch. First the parties file the written agreement and ask for preliminary approval. If the judge grants it, class members get notice, typically by mail, email or published ads, and a website goes up with the deadlines to claim (if there is money), opt out or object. A final approval hearing follows. None of those steps has happened as of October 19, 2026, and no dates have been published.
- Keep records showing you had Blue Cross Blue Shield or UnitedHealthcare coverage and paid premiums while living in western North Carolina after August 2017. They may matter if the settlement pays money and asks for proof.
- Don’t sign up anywhere now. Nobody can register you for a settlement whose terms do not exist yet.
- Watch the court, not ads. The case is Davis v. HCA Healthcare, Case No. 21 CV 03276, in the North Carolina Business Court. Official notice will name that case and the court.
Is this the Asheville settlement email I got? Probably not. As of October 19, 2026, there is no notice program in this case. An email or text claiming to pay you from the “Mission Hospital settlement” or asking for a fee, bank login or Social Security number to “reserve” a payment is not from this case. Real class notices never charge a fee. If you got mail about Asheville Eye Associates, that is a different case (below).
Why it settled three weeks after a loss for the plaintiffs
The timing stands out. On September 8, 2026, Judge Davis denied class certification in a 48-page order. He wrote: “Plaintiffs have failed to show that common evidence predominates with respect to their theory of class-wide antitrust impact based on a decrease in the quality of services offered by Mission Health.” He also excluded the class-wide impact testimony of the plaintiffs’ economist. Only six paragraphs of the report addressed whether higher hospital prices were passed on to people through premiums. The judge called its general-principles approach “not a valid substitute for an actual analysis of the real-world effects on the premium amounts paid by the putative class members in this case as a result of Defendants’ alleged anticompetitive conduct.”
But the denial was without prejudice. The judge asked both sides to propose a schedule for a new certification motion, so the plaintiffs had a second chance. HCA said after the ruling that the claims were “without merit” and that it would “continue to vigorously defend against them.” Three weeks later the parties had a deal in principle. The suit alleges that after HCA bought the nonprofit Mission system in 2019, it used Mission’s dominance to impose all-hospitals contracting, “anti-steering” and “anti-tiering” rules and gag clauses on insurers. The complaint claims Mission had a 93% market share in Madison and Buncombe counties, and that health insurance cost “roughly 50 to 60 percent higher” in western North Carolina than elsewhere in the state. These are allegations. HCA and Mission deny them. Back on September 19, 2022, the court ruled that members of commercial health plans have standing to sue as indirect purchasers. The plaintiffs are represented by Wallace & Graham of Raleigh and Fairmark Partners.
The other Asheville settlements: local governments, Riverside Drive, Asheville Eye
Local governments’ Mission case (2025). HCA and Mission already settled a similar antitrust suit brought by the cities of Asheville and Brevard and Buncombe and Madison counties. WLOS reported on August 13, 2025 that Mission agreed to donate $1 million to a new charity fund to help people earning up to 400% of the federal poverty level with healthcare costs, and to keep Transylvania Regional Hospital open for at least three more years beyond the original 10-year commitment. Both companies denied the allegations. Separately, the North Carolina Attorney General’s lawsuit over the Mission purchase agreement has been cleared for trial, with no date set, and Buncombe County’s federal suit over emergency-department care continues.
Riverside Drive, $11 million. The City of Asheville and its insurers agreed to pay $11 million, and two contractors another $1 million, to the widow of a man killed in a crash on ice on Riverside Drive on January 20, 2020. Asheville Watchdog reported this on September 10, 2026, and said litigation among the city and the remaining parties is ongoing. It is a private wrongful-death settlement. We covered it on October 7.
Is there a class action lawsuit against Asheville Eye Associates? Yes, and it settled. Class members got an automatic $10 eyeglasses voucher and could claim up to $1,250 in documented losses. The claim deadline was April 6, 2026, and the fairness hearing was set for May 14, 2026. As of October 19, 2026, we could not confirm a final approval order. The official site, aeadatasettlement.com, blocked our access.
What settlements are being paid out? None of these three Asheville matters is paying the public right now. The Mission class deal has no terms yet, and the Riverside Drive money went to one family. For settlements that are paying or taking claims now, use our news desk and the case pages linked below.
The Data Behind This Story
- Case
- Davis et al. v. HCA Healthcare, Inc. and Mission Health System, Case No. 21 CV 03276
- Court
- North Carolina Superior Court, Buncombe County — North Carolina Business Court, Judge Mark A. Davis
- Filed
- August 10, 2021
- Settlement status
- Agreement in principle with HCA and Mission entities, disclosed in Judge Davis’s order pausing deadlines on September 30, 2026; terms not public as of October 19, 2026
- Not settling
- ANC Healthcare (wind-down entity of the former nonprofit Mission)
- Class certification
- Denied without prejudice September 8, 2026 (48-page order); motion had been filed December 17, 2025
- Proposed class
- Residents and entities in the Mission region who paid part of BCBS or UnitedHealthcare premiums after August 10, 2017 (as summarized by The Source on HealthCare)
- Allegations
- Anti-steering, anti-tiering, all-hospitals and gag clauses in insurer contracts; insurance 50 to 60 percent higher; 93% market share in Madison and Buncombe — denied by HCA and Mission
- Claim form
- None. No administrator, website, notice or deadlines published as of October 19, 2026
- Earlier local-government deal
- August 2025: $1 million charity fund (up to 400% of the poverty level) and Transylvania Regional Hospital kept open at least three more years
- Plaintiffs’ counsel
- Wallace & Graham (Raleigh) and Fairmark Partners
- Source: Asheville Watchdog, “Possible settlement in antitrust lawsuit against Mission Hospital,” October 2, 2026, read October 19, 2026: agreement in principle, Judge Davis’s September 30 order pausing deadlines, motion language on a proposed class-wide settlement, no terms public, ANC Healthcare not settling, statements of Mission and plaintiffs’ counsel, “injunctive relief” description, status of the AG and Buncombe County suits
- Source: North Carolina Health News / Asheville Watchdog, “Antitrust lawsuit against Mission, HCA hits roadblock,” October 3, 2026, read October 19, 2026: September 8 denial of class certification, 48-page order, without prejudice and new schedule, allegations (93% market share, contract clauses), HCA statement, plaintiffs’ counsel
- Source: The Source on HealthCare Price and Competition, “Davis v. HCA Case Likely to Continue Despite Ruling Denying Class Certification,” October 4, 2026, read October 19, 2026: ruling date, December 17, 2025 certification motion, proposed class definition, the expert report’s six paragraphs on pass-through and the court’s quote
- Source: The Source on HealthCare Price and Competition, case page “Davis et al. v. HCA Healthcare and Mission Health System,” read October 19, 2026: filing date August 10, 2021, Buncombe County Case No. 21 CV 03276, damages and injunction sought, September 19, 2022 standing ruling
- Source: WLOS, “Mission Health, HCA Healthcare settle antitrust lawsuit filed by local governments,” August 13, 2025, read October 19, 2026: $1 million charity fund, 400% of the federal poverty level, Transylvania Regional Hospital commitment, denial of wrongdoing
- Source: Asheville Watchdog, “City of Asheville to pay $11M, contractors $1M in fatal crash settlement,” September 10, 2026, read October 19, 2026: $11 million and $1 million, January 20, 2020 crash, ongoing litigation among remaining parties
- Source: HIPAA Journal, Asheville Eye Associates settlement report, February 27, 2026, read October 19, 2026 (not archived; via web fetch): $10 voucher, $1,250 cap, April 6, 2026 deadline, May 14, 2026 hearing
- Source: aeadatasettlement.com and nccourts.gov, attempted October 19, 2026: access blocked — final approval status of the Asheville Eye settlement and the text of the September 30 order not independently verified
Journalists: these figures are free to cite with attribution to Settlement Insight. Custom data pulls: press@settlementinsight.com.