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If you were notified by Fitzgibbon Hospital that your personal information may have been compromised due to a 2022 data breach, you may be eligible to claim up to $10,000 from a class action settlement.
Fitzgibbon Hospital has agreed to pay $650,000 to settle a class action lawsuit for alleged failure to adequately protect personal information, resulting in unauthorized access to sensitive data.
Can I Claim an Award?
To be eligible to claim an award, you must be a person in the United States whose personally identifying information (PII) or protected health information (PHI) was compromised in the Fitzgibbon Data Security Incident, which occurred between May 14, 2022, and June 6, 2022. If you received a notice from Fitzgibbon Hospital regarding this incident, you are included in the Settlement Class.
If you did not receive a notice but believe you are a class member, you must provide reasonable documentation confirming your status as a Settlement Class Member. This documentation can include records indicating that you were a patient at Fitzgibbon Hospital or otherwise provided your personal information to Fitzgibbon before June 6, 2022.
What Awards Can Class Members Claim?
Class Members can claim one of the following Settlement Benefits:
- Credit Monitoring and Insurance Services: This includes up to $1 million of identity theft insurance coverage and three-bureau credit monitoring.
- Documented Loss Payment: Cash payments of up to $10,000 per Class Member for reimbursement of certain Documented Losses and up to 3 hours of lost time, which may be pro-rated in accordance with the Settlement Agreement.
- Alternative Cash Benefit Payment: A flat-fee payment, which will be pro-rated in accordance with the Settlement Agreement, in lieu of making a monetary claim for Documented Losses.
Individual payments for Documented Losses may be reduced or increased depending on the number of Class Members that participate in the Settlement. For example, if the total amount of valid claims exceeds the Settlement Fund, payments will be prorated. Conversely, if fewer claims are submitted, the remaining funds will be distributed among the claimants.
Is Proof Required to Claim the Reward?
Yes, proof is required to claim certain rewards. If you are claiming reimbursement for Documented Losses, you must provide reasonable documentation supporting your claim, such as credit card statements, bank statements, invoices, telephone records, and receipts. If you are claiming an Alternative Cash Benefit Payment or Credit Monitoring and Insurance Services, you do not need to provide additional documentation if you received a Unique ID number.
- Documented Loss Payment: Requires reasonable documentation.
- Alternative Cash Benefit Payment: Does not require additional documentation if you have a Unique ID number.
- Credit Monitoring and Insurance Services: Does not require additional documentation if you have a Unique ID number.
How to Claim Your Award
To claim your award, you must complete and submit a Claim Form by September 26, 2024. You can file a claim online by visiting the online claim form. Alternatively, you can print and mail a completed Claim Form to the Claims Administrator at the following address:
Fitzgibbon Data Security Incident Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
Submitting a Claim
Follow these steps to submit a claim:
- Visit the online claim form to file a claim online or download the Claim Form.
- Complete the Claim Form with your personal information, including your Unique ID number if you received one.
- Select the type of award you are claiming: Credit Monitoring and Insurance Services, Documented Loss Payment, or Alternative Cash Benefit Payment.
- If claiming a Documented Loss Payment, provide reasonable documentation supporting your claim.
- Sign the attestation at the end of the Claim Form.
- Submit the Claim Form online or mail it to the Claims Administrator at the address provided.
How do I Get Paid?
Once your claim is approved, you will receive payment via the method you selected. You can choose to receive payment via PayPal, Venmo, digital payment, or a check sent through U.S. Mail. If you selected Credit Monitoring and Insurance Services, you will receive instructions on how to activate your services via email.
Settlement Fund Breakdown
The total settlement amount is $650,000. This amount will be used to pay for the following:
- One year of Credit Monitoring and Insurance Services for Class Members who select this option.
- Reimbursement of up to $10,000 per Class Member for Documented Losses and up to 3 hours of lost time.
- Flat-fee payments for Class Members who select the Alternative Cash Benefit Payment.
- Administrative expenses for the costs of settlement administration.
- Court-approved Service Awards of up to $2,000 for each of the Class Representatives.
- Attorneys' fees of up to 40% of the Settlement Fund, which is $260,000, plus reasonable costs and expenses incurred by attorneys for the Class.
Important Dates
- Deadline to File a Claim: September 26, 2024
- Opt-Out Deadline: August 12, 2024
- Final Approval Hearing: September 10, 2024
When will Awards be Paid?
Awards will be paid after the Settlement is approved and becomes final. The approval process may take time, so please be patient and check the official settlement website for updates.
Why is There a Class Action Settlement?
The class action settlement was reached because Fitzgibbon Hospital allegedly failed to adequately protect the personal information of its patients and affiliated individuals, resulting in unauthorized access to sensitive data. By agreeing to the settlement, Fitzgibbon Hospital is not admitting any wrongdoing but is resolving the claims to avoid the risks and uncertainty associated with continued litigation.
What Happens Next?
Next, the Court will hold a Final Approval Hearing on September 10, 2024, to determine whether the Settlement is fair, reasonable, and adequate. If the Settlement is approved, the Claims Administrator will begin processing claims and distributing awards to eligible Class Members. Be sure to submit your claim by the deadline and keep an eye on the official settlement website for updates.
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