Individuals who were notified by Einstein Healthcare Network that their confidential personally identifiable (“PII”) or protected health information (“PHI”) may have been compromised in a Data Security Incident that occurred in August 2020 may be eligible for a payment from a class action settlement.
A Pennsylvania state court ordered this notice. This is not a solicitation from a lawyer.
The Court granted Final Approval of the Class Action Settlement and Judgment on September 22, 2022
A settlement has been reached with Einstein Healthcare Network (“Einstein”) in a class action lawsuit about the Data Incident (the “Data Incident”) that occurred between August 5, 2020 and August 17, 2020. Einstein first announced the Data Incident on or about October 9, 2020 and began mailing notice letters to patients whose information was identified as compromised. Einstein sent an additional round of notice letters to affected individuals between January 21, 2021 and February 8, 2021. This lawsuit was filed asserting claims against Einstein relating to the Data Incident. Einstein denies it has any liability for the claims asserted and contends that it did not engage in any improper conduct.
Plaintiffs allege that between August 5, 2020 and August 17, 2020, Einstein was the target of a Data Incident in which an unauthorized third-party accessed Einstein’s employee email accounts which contained personal information. Plaintiffs allege that, as a result of the Data Incident, an unauthorized third-party gained access to Personally Identifiable Information (“PII”) and/or Protected Health Information (“PHI) of Plaintiffs’ and Einstein’s patients. The PHI and PII included names, dates of birth, medical records and patient account numbers, health insurance information, treatment information such as diagnoses, medications, providers, types of treatment, treatment locations, and in some instances, social security numbers.
The Settlement Class includes all residents of the United States whose PHI and/or PII was involved in the Data Incident and who were sent notice of the settlement.
All Settlement Class Members will receive the opportunity to claim one full year from the Effective Date of the settlement of identity monitoring services through Experian. You must file a Claim Form requesting identity monitoring services and you will be provided an activation code to enroll directly with Experian. The identity monitoring services include (i) identity monitoring (ii) internet surveillance; (iii) up to $1 Million in identity theft insurance; and (iv) identity restoration services.
The settlement also provides cash reimbursement of up to $20 per hour (for a maximum of 3 hours) as compensation for time lost dealing with the Data Incident, up to $1,500 per person for documented “ordinary expenses” incurred in responding to the Data Incident, and up to $7,500 per person for documented “extraordinary expenses” incurred in responding to the Data Incident.
You must file a Claim Form to receive Identity Monitoring or one or more of the compensation categories provided for under the settlement. You can file a Claim Form by accessing this website, www.EinsteinIncidentSettlement.com, downloading a Claim Form and mailing it, or you may call 1-866-742-4955 and ask that a Claim Form be mailed to you. The last day to postmark or file a claim online (“Claim Deadline”) is August 6, 2022.
Your legal rights are affected even if you do nothing.
Read this Notice carefully.
| ACTION | EXPLANATION | DUE DATE |
| SUBMIT A CLAIM | You must submit a claim to get a payment. | August 6, 2022 |
| ASK TO BE EXCLUDED | This allows you to sue Einstein over the claims resolved by this settlement. You will not get anything from this settlement. | July 7, 2022 |
| OBJECT | Write to the Court about why you do not like the settlement. You can still get a payment. | July 7, 2022 |
| DO NOTHING | You get no payment, are not eligible for identity monitoring, and you give up rights. |
These rights and options – and the deadlines to exercise them – are explained in the Notice.
The Court in charge of this case still must decide whether to grant final approval of the settlement. Payments will only be made after the Court grants final approval of the settlement and after any appeals are resolved in favor of the settlement.