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IF YOU WERE NOTIFIED BY GOOD SAMARITAN HOSPITAL ABOUT A DATA SECURITY INCIDENT THAT OCCURRED BETWEEN OCTOBER 28 AND NOVEMBER 8, 2019 YOU MAY BE ENTITLED TO A PROPOSED CLASS ACTION SETTLEMENT.
What is the Lawsuit About?
The Plaintiff filed a complaint against Good Samaritan alleging Good Samaritan acted unlawfully by failing to prevent the Incident. Plaintiff claims Good Samaritan failed to fulfill its legal duty to adequately secure and safeguard the confidential and sensitive information belonging to Plaintiff and Class Members—including their first and last name, in combination with their date of birth, Social Security number, driver’s license number, passport number, tax identification number, financial account number, treatment/diagnosis, health insurance information, billing information, doctor’s name, medical record number, medical history, prescription information, Medicare/Medicaid ID and/or patient account number—and that Good Samaritan breached promises made to Plaintiff and Class Members concerning the security of their information. The Action alleges causes of action for (1) violations of the California Confidentiality of Medical Information Act (“CMIA”); (2) negligence; and (3) unlawful and/or unfair business practices under California Business and Professions Code section 17200, et seq.
Good Samaritan denies all of Plaintiff’s allegations and any wrongdoing, and asserts it complied with all applicable laws. The Court has made no ruling on the merits of the Plaintiff’s claims or the defenses asserted by Defendant. The Court approved this notice and preliminarily approved the proposed Settlement.
How do I know if I am part of the Settlement?
If you received a Notice, Good Samaritan’s records indicate you are included in the Settlement Class. More specifically, the Settlement Class includes all persons residing in the State of California who were previously mailed the Notice of Data Security Incident letter in June and July 2020. If you are not sure whether you are included, call
1-888-440-1264 or email
GoodSamaritanSettlement@cptgroup.com.
What Does the Settlement Provide?
If the Court grants final approval, Good Samaritan will provide the following benefits to the Settlement Class Members:
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Identity Monitoring: Settlement Class Members will receive an offer to enroll in two years of Identity Monitoring Services from Experian, including identity theft insurance of up to $1,000,000 and fraud resolution services for each claimant. The identity monitoring service will be provided for a period of two years from the Effective Date of the Settlement. Settlement Class Members must submit a Claim Form in order to enroll and receive this benefit.
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Cash Payments: The Settlement will also provide cash payments to Settlement Class Members who submit valid claims for reimbursement of expenses resulting from the Incident.
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Remedial Measures: Good Samaritan agrees to make specific improvements to its data security practices as set forth in the SECURITY COMMITMENTS section of the Settlement Agreement. These ongoing remedial measures were valued at $459,921.51 at the time of Settlement, and ongoing efforts will continue to increase the value of the remedial measures. These remedial measures, if not already accomplished, are to be accomplished within no more than ninety (90) days following the Effective Date and maintained for at least three years and Good Samaritan can continually upgrade its systems or programs that provide increased security protection during this period.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
FILE A CLAIM BY JULY 18, 2023
You must submit a claim form to get (i) two years of Identity Monitoring Services from Experian, including identity theft insurance of up to $1,000,000 and fraud resolution services for each claimant; and (ii) compensation up to $1,500 for documented ordinary losses and up to $5,000 for documented extraordinary losses.
EXCLUDE YOURSELF BY JULY 18, 2023
GET NO BENEFITS. The only way for you to be part of any other lawsuit against Defendant and/or the Released Parties involving the same or similar legal claims as the ones in the Action is to submit a valid Request for Exclusion. If you submit a timely Request for Exclusion, you will not receive any benefits offered in this Settlement. In order to be effective, a request to be excluded from the Settlement must include all information required by the Settlement Agreement and can be found in Section 13 of the Long Form Notice,
here.
OBJECT TO THIS SETTLEMENT BY JULY 18, 2023
You can remain in the Class and file an objection telling the Court why you do not like the Settlement. If your objection is overruled, you will be bound by the Settlement. In order to be effective, an objection to the Settlement must include all information required by the Settlement Agreement and can be found in Section 13 of the Long Form Notice,
here.
DO NOTHING
If you do nothing you will not receive any compensation for losses or two years of Identity Monitoring Services from Experian. If you do nothing, you will also remain in the Settlement Class, and benefit from the security commitments only, and forfeit your right to sue or bring any claim against Good Samaritan Hospital related to the data security incident.