OrthopedicsNY $1.45M Data Breach Class Action Settlement

Consumers who received a notice stating a data breach at OrthopedicsNY may have impacted their private information could be eligible to claim up to $2,500 from a class action settlement.

OrthopedicsNY LLP agreed to pay $1.45 million to settle a class action lawsuit alleging negligence, breach of implied contract and unjust enrichment following a data security incident that occurred in December 2023. The incident potentially exposed sensitive personal information of current and former patients and employees, such as names, Social Security numbers, addresses, dates of birth, financial account details and protected health information.

Who can file a claim?

To qualify as a class member and file a claim, individuals must meet the following criteria:

• They reside in the United States.
• They received a notice from OrthopedicsNY stating the data incident that occurred on or about Dec. 28, 2023, may have compromised their private information.

How much can class members get?

Class members can claim one of two types of cash payments:

• Documented losses: Up to $2,500 for reimbursement of out-of-pocket losses and expenses incurred as a result of the data incident. Documentation is required.
• Alternate cash payment: An estimated $50 cash payment. No documentation is required.

The actual amount of the alternate cash payment may vary depending on the number of valid claims submitted. If the total amount of valid claims exceeds the net settlement fund, the settlement administrator will reduce payments on a pro rata basis.

How to claim a settlement payment

Class members can file a claim online or download the PDF claim form to print, complete and mail to the settlement administrator. The claim deadline is June 15.

Settlement administrator's mailing address: Settlement Administrator - 83358, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391

Class members whose address changes after submitting their claim should update it through the settlement website’s contact section.

What proof or documentation is required to submit a claim?

• For reimbursement of documented losses, class members must submit reasonable documentation, such as credit card statements, bank statements, invoices, telephone records or receipts. Self-prepared documents alone are not sufficient.
• For the alternate cash payment, no documentation is required.

Payout options

• Electronic transfer (online claims only)
• Check mailed to the address provided

$1.45 million settlement fund breakdown

The $1,450,000 settlement fund includes:

• Notice and administration costs: Amount not specified
• Attorneys’ fees: $580,000
• Attorneys costs: Amount not specified
• Service awards to class representatives: $2,000 each to 12 representatives ($24,000 total)
• Payments to eligible class members: Remainder of the fund

Important dates

• Deadline to file a claim: June 15, 2026
• Deadline to opt out: June 15, 2026
• Final approval hearing: June 30, 2026

When is the OrthopedicsNY settlement payout date?

The settlement administrator will distribute payments within 45 days after the court resolves any appeals and grants final approval of the settlement.

Why is there a class action settlement?

The class action lawsuit alleged OrthopedicsNY failed to adequately protect private information, leading to a data breach in December 2023. The plaintiffs claimed negligence, breach of implied contract and unjust enrichment.

OrthopedicsNY denies any wrongdoing but agreed to settle to avoid the cost and uncertainty of litigation.

Sources

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