Des Moines Orthopaedic Surgeons Data Breach Settlement

Consumers who received a notice from Des Moines Orthopaedic Surgeons stating a data incident in early 2023 may have impacted their personal information could be eligible to claim up to $5,500 from a class action settlement.

Des Moines Orthopaedic Surgeons PC agreed to settle a class action lawsuit alleging it failed to adequately protect patient data, resulting in a data breach that may have exposed sensitive personal information, including Social Security numbers, medical details and other private data.

Who can file a claim?

Individuals may file a claim if:

• They are a living individual who received a notice from Des Moines Orthopaedic Surgeons stating the data incident that began on or about Feb. 17, 2023, may have impacted their private information.
• The claims administrator identified their information as having been compromised in the incident.

This includes both current or former patients.

How much can class members get?

Class members can claim different types of payments based on their individual circumstances. The settlement caps total monetary relief for all class members at $1,000,000. If the total amount of valid claims exceeds this cap, the administrator will reduce payments proportionally (pro rata).

Available benefits include:

• Ordinary out-of-pocket losses: Up to $400 for documented expenses incurred as a result of the data incident, including unreimbursed bank fees, phone charges, credit freeze costs, postage, travel, credit repair services and similar costs.
• Extraordinary losses: Up to $5,000 for documented, unreimbursed losses the data incident most likely caused that are not already covered by other reimbursements. To qualify, claimants must show they made reasonable efforts to avoid or seek reimbursement for these losses (such as using credit monitoring insurance).
• Lost time reimbursement: Up to four hours at $25 per hour ($100 maximum) for time spent dealing with the data incident. Claimants do not need to provide documentation but must describe how they spent their time.
• Alternative cash payment: $25 for class members who do not claim out-of-pocket or lost time reimbursement. Those whose Social Security number the data breach affected may claim $100 instead of $25 (not in addition to).
• Credit monitoring and identity theft protection: Three years of three-bureau credit monitoring and identity theft insurance of at least $1,000,000 available to all class members regardless of whether they claim monetary relief.

How to claim a data breach payment

Class members can submit the online claim form or download, print, complete and mail PDF claim form to the settlement administrator. The claim deadline is March 23, 2026.

Settlement administrator's mailing address: Des Moines Orthopaedic Data Incident, c/o Analytics Consulting LLC, PO Box 2010, Chanhassen, MN 55317-2010

Is proof or documentation necessary to submit a claim?

• All class members must provide the claim number and PIN from the notice postcard they received in the mail.
• For out-of-pocket and extraordinary losses claims, class members must provide documentation, such as receipts, bank statements or service bills.
• For lost time reimbursement claims, class members do not need to provide documentation but must submit a description of the time spent.
• Alternative cash payment and credit monitoring claims do not require documentation.

Payout options

• Physical check (if submitting by mail)
• Electronic payment (if submitting online)

Settlement fund breakdown

The settlement fund covers:

• Settlement administration costs: To be determined
• Attorneys' fees and expenses: Up to $900,000
• Service awards to class representatives: Up to $1,500 each
• Payments to eligible class members: Up to $1,000,000 (not subject to reduction by the above costs)

Important dates

• Exclusion deadline: Feb. 23, 2026
• Deadline to file a claim: March 23, 2026
• Final approval hearing: April 2, 2026

When is the Des Moines Orthopaedic Surgeons settlement payout date?

The settlement administrator will issue payments after the court resolves any appeals and grants final approval to the settlement.

Why did this class action settlement happen?

The class action lawsuit alleged Des Moines Orthopaedic Surgeons discovered unauthorized access to its computer systems in February 2023. The plaintiffs claimed the company failed to adequately protect personal information, which led to the potential exposure of sensitive data.

The defendant denies any wrongdoing but agreed to settle to avoid the cost and uncertainty of further litigation. The settlement provides compensation and credit monitoring to affected individuals and requires the company to implement additional security measures.

Sources

1. Class notice
2. Claim form
3. Settlement agreement
4. Settlement FAQ