Proliance Surgeons $4.45M Data Breach Class Action Settlement

Individuals whose private information the Feb. 11, 2023, Proliance Surgeons data breach potentially or actually compromised may be eligible to claim up to $5,000 and/or two years of free medical identity-theft protection from a class action settlement.

Proliance Surgeons Inc. agreed to pay $4.45 million to settle a class action lawsuit alleging negligence, breach of implied contract, unjust enrichment and violation of the Washington Consumer Protection Act after a cyberattack exposed sensitive patient data. There are approximately 437,392 class members.

Who can file a claim?

Class members must meet the following criteria:

• They resided in the United States at the time of the incident.
• The Proliance Surgeons data breach discovered on or about Feb. 11, 2023, potentially or actually compromised their private information.
• They received a notice from Proliance or its authorized representative regarding the incident.

How much can class members get?

Class members may be eligible for the following benefits:

• Out-of-pocket loss reimbursement: Class members can claim up to $5,000 for documented out-of-pocket losses that are fairly traceable to the data breach and not reimbursed by a third party. Examples include losses relating to fraud or identity theft; costs of credit monitoring, postage, copying, scanning, faxing, travel, parking and research; and notary fees, bank fees, accountant fees and attorneys’ fees. The class member must provide documentation to support the losses. Self-prepared documentation alone is not sufficient.
• Pro rata cash fund payment: Each class member who submits a valid claim for this benefit will receive an equal share of the net settlement fund after the settlement administrator deducts all valid out-of-pocket loss claims, administrative costs, attorneys' fees, service awards and costs of medical identity theft protection. The maximum possible payment is $599, but the actual amount will depend on the number of valid claims and total deductions.
• Medical identity-theft protection: All class members can claim two years of Medical Shield Complete, a medical information protection and monitoring service provided by CyEx. This service monitors medical and health care data for signs of medical fraud and includes single-bureau credit monitoring.

How to claim a class action payment

Class members can submit the online claim form or download, print and complete the PDF claim form to mail to the settlement administrator. They can also request a paper copy of the claim form by calling the claims administrator at 833-319-5761. The claim deadline is May 28, 2026.

Settlement administrator's mailing address: In re: Proliance Surgeons Data Breach Litigation, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324

What proof or documentation is required to submit a claim?

• To file an online claim, class members must provide the class member ID from the postcard notice they received.
• To file an out-of-pocket loss claim, class members must provide documentation, such as receipts, statements or other evidence showing the charges. Self-prepared documentation alone is not sufficient.
• To file a pro rata cash payment and/or medical identity theft protection claim, class members must select the appropriate option on the claim form.

Payout options

• Paper check
• Enrollment with CyEx

$4.45 million settlement fund breakdown

The $4,450,000 settlement fund includes:

• Settlement administration costs: Amount not specified
• Attorneys' fees: Up to $1,483,333.33
• Attorneys' costs and expenses: Up to $100,000
• Service awards to class representatives: $4,000 each to 11 representatives ($44,000 total)
• Payments to eligible class members: Remainder of the fund

Important dates

• Deadline to opt out: April 28, 2026
• Deadline to file a claim: May 28, 2026
• Fairness hearing: June 26, 2026

When is the Proliance Surgeons data breach settlement payout date?

The settlement administrator will issue payments to class members approximately 30 day after it approves their claim or 60 days after the court resolves any appeals and grants final approval to the settlement, whichever is later.

Why is there a class action settlement?

The class action lawsuit alleged a cyberattack on Proliance Surgeons' servers on or about Feb. 11, 2023, exposed the sensitive personal and medical information of current and former patients. The plaintiffs claimed Proliance was responsible for the increased risk of identity theft and other damages resulting from the breach.

Proliance denies all claims but agreed to settle to avoid the risks and costs of litigation and provide timely relief to affected individuals.

Sources

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