Excelsior Orthopaedics $2.4M Data Breach Settlement

Current and former patients and employees in the United States whose personal information the data breach involving Excelsior Orthopaedics and Buffalo Surgery Center LLC may have been exposed could be eligible to claim up to $5,000 and/or credit monitoring from a class action settlement.

Excelsior Orthopaedics LLP and Buffalo Surgery Center LLC agreed to pay $2.4 million to settle a class action lawsuit alleging they failed to adequately protect sensitive personal information during a cyberattack. The lawsuit claims that unauthorized parties accessed files containing personal and protected health data. The data breach compromised as many as 357,000 individuals.

Who can file a claim for a data breach payout?

Class members are individuals in the United States whose personal information the data breach discovered on or about June 24, 2024, potentially compromised. This includes those who received notice of the incident.

How much can class members get?

Class members have the following benefit options:

• Documented loss payment: Class members can claim up to $5,000 for out-of-pocket losses traceable to the data breach. This includes bank or credit card fees, credit monitoring or identity theft insurance, costs of freezing/unfreezing credit and postage for contacting financial institutions.
• Cash fund payment: Class members who do not submit a documented loss claim can submit a claim to receive a pro rata cash payment. The settlement administrator will determine the final payment amount by the total number of claims filed.
• Credit monitoring: All class members received an activation code in their settlement notice for two years of free three-bureau credit monitoring. They can enroll after the claim deadline. No claim form is required.

How to claim a class action rebate

To receive a cash payment, class members can file a claim online or print the PDF claim form and mail it to the settlement administrator.

Settlement administrator's mailing address: Excelsior Incident Settlement Administrator, P.O. Box 6484, Portland, OR 97228-6484

The claim deadline is June 11, 2026.

Required proof and claim information

• All claims require the unique ID and PIN from the settlement notice the class member received.
• Documented loss claims require supporting documentation, which may include receipts for expenses, bank or credit card statements showing fraudulent charges, police reports and any other proof showing fraud or identity theft.

Payout options

• Paper check mailed to the address provided
• Electronic payment using the email address provided

$2.4 million data breach settlement fund

Breakdown of the settlement fund:

• Settlement administration costs: To be determined
• Attorneys’ fees: Up to $800,000
• Attorneys’ expenses: To be presented to the court for approval at a later date
• Service awards to class representatives: Up to $2,500 each
• Credit monitoring: Cost determined by number of activations
• Payments to approved claimants: Remaining settlement funds

Important dates

• Deadline to opt out: May 17, 2026
• Deadline to submit a claim form: June 11, 2026
• Final approval hearing: July 8, 2026

When is the Excelsior data breach settlement payout date?

The settlement administrator will issue payments to approved claimants approximately 90 after it completes claim processing or the court grants final approval of the settlement, whichever is later.

Why did this class action settlement happen?

The class action lawsuit alleged a network security incident allowed cybercriminals to gain unauthorized access to the defendants’ systems, exposing sensitive personal information. The plaintiffs claimed Excelsior Orthopaedics and Buffalo Surgery Center failed to adequately protect this information.

The defendants deny the allegations but agreed to settle to avoid the uncertainty and expense of ongoing litigation. The settlement also requires the defendants to implement additional security measures.

Sources

1. Class notice
2. Settlement website
3. Claim form