Atlantic General Hospital $2,250,000 Settlement for Data Breach

Atlantic General Hospital Corporation has agreed to pay $2,250,000 to settle a class action lawsuit for alleged breaches of personally identifying information, financial account information, and private health information. This settlement aims to compensate individuals whose data was compromised in a cyberattack on the hospital's systems.

Who Benefits?: Individuals in the United States who received a notification from AGH stating that their private information may have been impacted by the data incident.

How much can I get?: Eligible claimants can receive up to $5,000 for documented losses, a cash award, and/or three years of credit monitoring and insurance services.

Important Dates

• Deadline to File a Claim: August 22, 2024
• Fairness Hearing: September 5, 2024

Can I Claim an Award?

You are affected by the settlement and potentially a Settlement Class Member if you are a person in the United States to whom AGH mailed a notification that their private information may have been impacted in the data incident. This includes current and former patients of AGH whose data was compromised.

Only Settlement Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class are:

• AGH and its respective officers and directors
• All members of the Settlement Class who timely and validly request exclusion from the Settlement Class
• The Judge and Magistrate Judge assigned to evaluate the fairness of this settlement
• Any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the data incident or who pleads nolo contendere to any such charge

What Can I Claim?

The settlement provides that Defendant will fund a Settlement Fund of $2,250,000, which will be used to pay Costs of Settlement Administration, Fee Award and Costs, and Service Awards to Representative Plaintiffs, along with:

• Documented loss payments
• Cash Award
• Credit Monitoring and Insurance Services (CMIS) for Valid Claims

If there are any monies remaining in the Net Settlement Fund after the distribution of Settlement Payments to participating Settlement Class Members, a “Subsequent Settlement Payment” may be evenly made to all Participating Settlement Class Members who submitted Valid Claims and cashed or deposited their initial Settlement Payment, provided the average Subsequent Settlement Payment is equal to or greater than $10.

• Documented Loss Payment: Settlement Class Members may submit a Settlement Claim for a Settlement Payment of up to $5,000 for reimbursement of losses incurred as a result of the Data Incident in the form of a documented loss payment. To receive a Documented Loss Payment, a Settlement Class Member must choose to do so on their Claim Form and submit to the Settlement Administrator the following:
• A valid Claim Form electing to receive the documented loss payment benefit
• An attestation regarding any actual and unreimbursed documented loss
• Reasonable documentation that demonstrates the documented loss to be reimbursed

• Cash Award: In the alternative of reimbursement for documented losses, Settlement Class Members who submit a Valid Claim may elect a Cash Award. The amount of the Cash Award depends on the total of Post Loss Payment Net Settlement Funds remaining after payment of all other claim types.

• Credit Monitoring and Insurance Services: In addition to a Cash Award or Documented Loss Payment, each Settlement Class Member who submits a Valid Claim may elect to receive three (3) years of Credit Monitoring and Insurance Services (CMIS), including $1,000,000 in identity theft insurance, regardless of whether they also make a Settlement Claim for the Settlement Benefits above at no cost to you.

Is Proof Required to Claim the Reward?

Yes, proof is required to claim a reward. Settlement Class Members must submit documentation to obtain this reimbursement. Examples of losses incurred as a result of the Data Incident include but are not limited to:

• Bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), miscellaneous qualified expenses subject to explanation, such as postage, notary, fax, copying, mileage, and/or gasoline for local travel.
• Fees for credit reports, credit monitoring, and/or other identity theft insurance product purchased between the date of the Data Incident and August 22, 2024.

How to Claim Your Award

To receive a Settlement Benefit, you must complete and submit a Settlement Claim online, or by mail to Settlement Administrator – 83035, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by August 22, 2024 or by mail postmarked by August 22, 2024.

The Settlement Administrator will decide whether and to what extent any Settlement Claim made on each Claim Form is valid. The Settlement Administrator may require additional information from you. If you do not provide the additional information in a timely manner, the Settlement Claim will be considered invalid and will not be paid.

$2,250,000 Settlement Fund Breakdown

The settlement amount is $2,250,000. This amount will be used to pay Costs of Settlement Administration, Fee Award and Costs, and Service Awards to Representative Plaintiffs, along with documented loss payments, Cash Awards, and Credit Monitoring and Insurance Services for Valid Claims.

Any Fee Award and Costs for Settlement Class Counsel, and for Service Awards to the Representative Plaintiffs must be approved by the Court. The Court may award less than the amounts requested. Settlement Class Counsel’s papers in support of final approval of the settlement will be filed no later than July 9, 2024, and their motion for the Fee Award and Costs will be filed no later than July 9, 2024 and will be posted on the Settlement Website.

Why is There a Class Action Settlement?

The Litigation alleges that on or around January 20, 2023, cybercriminals breached AGH’s computer and information systems and accessed Private Information belonging to AGH’s current and former patients. Specifically, Plaintiffs allege that the following categories of information were compromised in the Data Incident:

• Names
• Social Security Numbers
• Driver’s license numbers
• Dates of birth
• Medical record numbers
• Physician information
• Health insurance information
• Subscriber numbers
• Medical history information
• Diagnosis/treatment information
• Financial account information

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The “Representative Plaintiffs” appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Settlement Class Counsel”) think the settlement is best for all Settlement Class Members.