Lehigh Valley Health Network $65M Data Breach Settlement

If you were affected by the data breach announced by Lehigh Valley Health Network on or around February 22, 2023, you may be eligible to claim a financial award from a class action settlement.

Lehigh Valley Health Network has agreed to pay $65 million to settle a class action lawsuit for allegedly failing to adequately protect patient data, which was exposed during a cybersecurity incident.

Who can file a claim?

The class members are individuals whose personal information was compromised during the data breach. Specifically, those who received a Data Breach Notice from Lehigh Valley Health Network are included in the settlement class.

The settlement class is divided into four tiers based on the nature of the information exposed:

• Relief Tier One: All class members who submit a valid claim form are included
• Relief Tier Two: Class members whose sensitive medical diagnosis information and/or sensitive employment data were published on the dark web
• Relief Tier Three: Members whose images were published on the dark web, but do not qualify as nude
• Relief Tier Four: Members whose nude images were published on the dark web are included in this tier

Each class member has been assigned a unique identifier to view their relief tier(s) and estimated gross settlement payout.

How much are the payouts?

The settlement provides different compensation levels based on the severity of the data exposure. The total settlement fund of $65 million is divided across four relief tiers, with payments made on a pro rata basis. This means the exact amount each class member receives depends on the number of claims filed.

• Relief Tier One: $7,150,000 is allocated for all class members, with the option to claim up to $5,000 for out-of-pocket losses.
• Relief Tier Two: $1,300,000 is allocated for members whose sensitive data was published on the dark web.
• Relief Tier Three: $4,550,000 is allocated for members whose non-nude images were published.
• Relief Tier Four: $52,000,000 is allocated for members whose nude images were published.

If the total claims exceed the allocated amount for any tier, the payments will be adjusted on a pro rata basis. For example, if Relief Tier One receives claims totaling $8 million but only $7.15 million is allocated, each claimant would receive approximately 89% of their claimed amount.

How do class members get a payout?

Class members will automatically receive payments according to their assigned relief tier. However, if you wish to claim out-of-pocket losses, you must submit a claim form by November 3, 2024.

You can file a claim online when the portal is live or mail a completed claim form for out of pocket losses to:

LVHN Data Breach Services

Claims Administrator

P.O. Box 5178

Portland, OR 97208-5178

Payments to class members will be made via check to the address on file.

$65,000,000 settlement fund

The settlement fund of $65 million will cover payments to class members, administrative expenses, attorney fees, and a service award for the class representative. The fund is divided as follows:

• Relief Tier One: $7,150,000
• Relief Tier Two: $1,300,000
• Relief Tier Three: $4,550,000
• Relief Tier Four: $52,000,000

Attorney fees are capped at one-third of the settlement fund, and the class representative may receive up to $125,000.

Important dates

• Deadline to File a Claim: November 3, 2024
• Final Approval Hearing: November 15, 2024

When is the Lehigh Valley Health Network Data Breach payout date?

Payments will be distributed after the court grants final approval of the settlement, following the final approval hearing on November 15, 2024.

Why was there a class action settlement?

The lawsuit was initiated due to allegations that Lehigh Valley Health Network failed to protect patient data, leading to a data breach by the entity known as BlackCat. The settlement was reached to avoid the risks and costs associated with continued litigation.