Tallahassee Memorial HealthCare Data Breach Settlement

Will Gendron
Editor in Chief
Published
June 27, 2024 10:06 AM
Updated
July 24, 2024
Tallahassee Memorial HealthCare Data Breach Settlement
Settlement Open for Claims
Award:
$500 - $5,000
Deadline:
July 25, 2024
SUBMIT CLAIM

Tallahassee Memorial HealthCare, Inc. has agreed to pay $450,000 to settle a class action lawsuit for alleged negligence, negligence per se, breach of fiduciary duty, unjust enrichment, and violation of the Florida Deceptive and Unfair Trade Practices Act. This settlement arises from a data security incident in February 2023, which potentially compromised the private information of current and former patients.

The official settlement website indicates that individuals who were notified of the data incident may be entitled to benefits. These benefits include reimbursement for expenses, extraordinary expense reimbursement, and identity-theft protection services.

Can I Claim an Award?

You are considered a Settlement Class Member if you were sent notice that your private information was potentially impacted in the data incident. This means you are eligible to claim an award. The Settlement Class includes all individuals who received such a notice from Tallahassee Memorial HealthCare, Inc.

To be more specific, you are a Settlement Class Member if you were notified that your personally identifying information or protected health information was potentially compromised between January 26, 2023, and February 2, 2023. This includes current and former patients of Tallahassee Memorial HealthCare, Inc.

What Awards Can Class Members Claim?

Settlement Class Members may be eligible for various benefits, including expense reimbursement, extraordinary expense reimbursement, and identity-theft protection services.

Expense Reimbursement

Settlement Class Members can claim up to $500 for documented out-of-pocket expenses incurred as a result of the data incident. These expenses may include:

  • unreimbursed bank fees
  • card reissuance fees
  • overdraft fees
  • insufficient funds fees
  • late fees
  • long-distance telephone charges
  • cell minutes
  • internet usage charges
  • text messages
  • charges from banks or credit card companies
  • interest on payday loans
  • costs of credit reports
  • credit monitoring
  • identity theft insurance products purchased between January 26, 2023, and the claims deadline
  • other losses determined by the Claims Administrator to be fairly traceable to the data incident.

Extraordinary Expense Reimbursement

Settlement Class Members who have suffered a proven monetary loss may be eligible for reimbursement of up to $5,000. To qualify, the loss must be an actual, documented, and unreimbursed monetary loss, more likely than not caused by the data incident, occurred between January 26, 2023, and the claims deadline, not already covered by other reimbursement categories, and the Settlement Class Member must have made reasonable efforts to avoid or seek reimbursement for the loss.

What Identify Theft Services Are Covered by the Settlement?

The settlement covers identity-theft protection services, including:

  • Up to $1 million in reimbursement insurance for identity theft and stolen funds
  • Real-time credit monitoring
  • Vantage 3.0 credit scores
  • Continuous monitoring for high-risk transactions
  • Dark web monitoring
  • Customer support and victim assistance
  • Credit security freeze assistance
  • Lost wallet protection
  • Insight and tips newsfeed

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Settlement Class Members must provide supporting documentation for out-of-pocket expenses and extraordinary expense reimbursement claims. This includes receipts, bank statements, or other relevant documents that show the expenses were incurred as a result of the data incident.

  • Expense Reimbursement: Documentation of out-of-pocket expenses
  • Extraordinary Expense Reimbursement: Documentation of monetary loss and proof that the loss was caused by the data incident

How to Claim Your Award

To claim your award, you must complete and submit a Valid Claim to the Claims Administrator. You can file a claim online. Alternatively, you can print a claim form from the settlement website and mail it to the Claims Administrator at the address provided on the form.

Claim forms must be submitted online or postmarked by July 25, 2024. If you change your mailing address or email address after submitting a claim, you must inform the Claims Administrator of your updated information.

$450,000 Settlement Fund Breakdown

The total settlement amount is $450,000. This amount will be used to cover the benefits provided to Settlement Class Members, attorneys' fees, costs, and expenses, and a service award for the Class Representatives.

Settlement Class Counsel will file a motion asking the Court to award attorneys' fees and costs of $450,000 to be paid by Tallahassee Memorial HealthCare, Inc. If awarded by the Court, this amount will not reduce the settlement benefits available to Settlement Class Members.

Important Dates

  • Deadline to File a Claim: July 25, 2024
  • Fairness Hearing: August 1, 2024

Why is There a Class Action Settlement?

This class action settlement arises from a data security incident that occurred between January 26, 2023, and February 2, 2023. The plaintiffs filed a lawsuit against Tallahassee Memorial HealthCare, Inc., alleging negligence, negligence per se, breach of fiduciary duty, unjust enrichment, and violation of the Florida Deceptive and Unfair Trade Practices Act. The plaintiffs claimed that the data incident resulted in the unauthorized disclosure of confidential personal identifying information and protected health information.

Tallahassee Memorial HealthCare, Inc. denies these claims and any wrongdoing or liability. However, to avoid the risk, cost, and time of further litigation, both parties have agreed to settle the lawsuit. The settlement provides benefits to Settlement Class Members and resolves the legal issues related to the data incident.

Notice Letter

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Status
Open for Claims
Category
Data Breach
Settlement Amount
$450,000
Award
$500 - $5,000
Is Proof Required?
Proof Required
Proof Required
Days Remaining to file Claim
1
Claim Deadline
July 25, 2024
Fairness Hearing
August 1, 2024
Final Approval Hearing
August 1, 2024
Case Number
2023 CA 001430
Case Title
Williams, et al. v. Tallahassee Memorial HealthCare, Inc.
State
Court
Jurisdiction
Settlement Website
https://tmhclassaction.com/
Claims Administrator
TMH Claims Administrator PO Box 2684 Portland, OR 97208-2684 1-888-504-4076
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