BioPlus Specialty Pharmacy Services $2,200,000 Data Breach Settlement

Will Gendron
Editor in Chief
Published
June 18, 2024 3:24 PM
Updated
July 24, 2024
BioPlus Specialty Pharmacy Services $2,200,000 Data Breach Settlement
Settlement Open for Claims
Award:
$50 or $750 - $7,500
Deadline:
July 18, 2024
SUBMIT CLAIM

BioPlus Specialty Pharmacy Services has agreed to pay $2,200,000 to settle a class action lawsuit for alleged failure to implement and maintain reasonable data security protections, leading to a data breach. This settlement benefits individuals whose personal information was impacted by the data incident. The settlement provides cash payments and reimbursements for out-of-pocket expenses and lost time.

Important Dates

  • Fairness Hearing: The Final Fairness Hearing is scheduled for August 22, 2024.
  • Deadline to File a Claim: Claims must be submitted online by July 18, 2024, or postmarked no later than July 18, 2024.
  • Opt-Out Date: Your request to exclude yourself must be postmarked no later than June 18, 2024.
  • Objection Date: Objections must be postmarked no later than June 18, 2024.

Can I Claim an Award?

To be eligible for the settlement, you must be a Settlement Class Member whose personal information was impacted by the data incident. BioPlus previously sent notices to individuals whose personal information is believed to have been impacted.

There are two types of Class Members:

  • SSN Class Members: Individuals whose Social Security Numbers were impacted in the data incident.
  • Non-SSN Class Members: Individuals whose Social Security Numbers were not impacted in the data incident.

How Much Can I Claim?

The settlement provides different benefits depending on whether your Social Security Number was impacted by the data incident.

SSN Class Members can submit a claim form for the following benefits:

  • $50 Pro-Rata Cash Payment: SSN Class Members may submit a claim for a $50 cash payment, which may be adjusted up or down depending on the number of claims approved.
  • Lost-Time Claims: SSN Class Members may claim up to three hours of time spent remedying issues related to the data incident at $25 per hour, with a brief description of how the time was spent.
  • Out-of-Pocket Expense Claims: SSN Class Members may claim up to $7,500 for documented out-of-pocket expenses reasonably and fairly traceable to the data incident, including unreimbursed losses, professional fees, credit monitoring costs, and miscellaneous expenses.

Non-SSN Class Members can submit a claim form for the following benefits:

  • Lost-Time Claims: Non-SSN Class Members may claim up to two hours of time spent related to the data incident at $25 per hour, with a brief description of how the time was spent.
  • Out-of-Pocket Expense Claims: Non-SSN Class Members may claim up to $750 for documented out-of-pocket expenses reasonably and fairly traceable to the data incident, including unreimbursed losses, professional fees, credit monitoring costs, and miscellaneous expenses.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. SSN Class Members must provide documentation and attestation supporting their claims for out-of-pocket expenses. Non-SSN Class Members must also provide documentation and attestation supporting their claims for out-of-pocket expenses.

  • SSN Class Members: Receipts or other documentation not self-prepared by the claimant, attestation that losses were caused by the data incident.
  • Non-SSN Class Members: Receipts or other documentation not self-prepared by the claimant, attestation that losses were caused by the data incident.

How to Claim Your Award

To claim your award, you must submit a claim form online by July 18, 2024, or postmarked no later than July 18, 2024. You can download a claim form at the official settlement website or call the Settlement Administrator at (833) 933-9020 for a claim form. You can submit your claim online at the official settlement administrator's website..

Ensure you provide all necessary documentation and attestation to support your claim. Claims will be reviewed by the Settlement Administrator to determine whether they are valid.

$2,200,000 Settlement Fund Breakdown

The settlement amount is $2,200,000, divided into two separate funds: $1,175,000 for Non-SSN Class Members and $1,025,000 for SSN Class Members.

The settlement amount was calculated to provide fair compensation to the impacted individuals. The SSN Settlement Fund is non-reversionary, meaning any remaining funds will not revert to BioPlus.

Why Is There a Class Action Settlement?

The class action settlement was reached to avoid the cost, disruption, and distraction of further litigation. The plaintiffs alleged that BioPlus failed to implement and maintain reasonable data security protections, leading to an October 25, 2021 data incident that affected 1,335 people according to the Indiana Attorney General's website.

The Court must still decide whether to approve the settlement, including Class Counsel’s request for attorneys’ fees and expense reimbursement.

Notice Letter

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Status
Closed
Category
Data Breach
Settlement Amount
$2,200,000
Award
$50 or $750 - $7,500
Is Proof Required?
Proof Required
Proof Required
Days Remaining to file Claim
Claim Deadline
July 18, 2024
Fairness Hearing
August 22, 2024
Final Approval Hearing
August 22, 2024
Case Number
6:21-cv-02158-RBD-DCI
Case Title
Gilbert et al. v. BioPlus Specialty Pharmacy Services, LLC
State
Court
Jurisdiction
Claims Administrator
Kroll Settlement Administration PO Box 225391 New York, NY 10150-5391 1-833-933-9020
Class Counsel
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