AMERICANS could be eligible for a chunk of a multi-million dollar settlement after a medical provider was targeted by hackers.
Up to $7,500 from a $18.5 million payout is available to eligible claimants but the deadline to apply is looming.
The time left to apply for a chunk of the cash is looming (stock image)[/caption]
It comes after East River Medical Imaging was part of a class action lawsuit in New York following a data breach.
The medical provider was allegedly targeted by hackers between August and September 2023.
Subsequently, personal patient information was accessed and class members have accused East River Medical of failing to protect their private data.
The complaint claims that some of the sensitive data that was stolen including insurance information, social security numbers, contact details and even procedure information and imaging results.
It is claimed in the lawsuit that the radiology centre could have prevented the breach from taking place by having higher digital security in place.
While East River Medical has not admitted any wrongdoing, it has agreed to settle the claims in the lawsuit to bring an end to litigation.
COMPENSATION
Anyone who had their data compromised in this breach and those who received a data breach notification of the incident is able to apply for the cash.
Eligible claimants can choose to receive their compensation via expense reimbursement or a pro rata cash payment.
Those who choose the former can get up to $7,500 for database-related losses like bank fees, damages caused by fraud or identity theft, and the cost of hiring professional services.
To claim this type of compensation, class members will have to prove their losses with bank statements, receipts, invoices, or other documents showing expenses related to the breach.
Meanwhile, those who do not have such proof or who do not wish to claim reimbursement can opt for the pro rata cash payment.
This will be a standard payment made from the leftover of the settlement fund after all other claims have been made.
In addition to either of these payments, all claimants will also be given access to three-bureau credit monitoring for one year to help detect fraud.
KEY DATES
However, the time remaining to file a claim is running out with one deadline already having passed.
What’s a class-action settlement?
Class action lawsuits offer groups of people, or ‘classes,’ a way to band together in court.
These suits are often brought by one or a few people who allege a company or other entity has wronged a large group of people.
When a suit becomes a class action, it extends to all “class members,” or people who may have similar complaints to those who filed the suit.
Companies often settle class actions – offering payment to class members who typically waive their right to pursue further legal action by accepting money.
These payout agreements frequently include statements by the defendant denying wrongdoing. Companies tend to settle class actions to avoid the costs of further litigation.
Pollution, discrimination, or false advertising are a few examples of what can land a class action on a company’s doorstep.
On October 22, the portal to submit a valid claim form will close, meaning there are just days left to get an application together.
All class members were given until August 23 to exclude themselves from the settlement payout or object to terms in the agreement.
If claimants failed to do this and miss the deadline to apply to part of the settlement fund, will miss out on receiving any cash or credit monitoring benefits.
Those who excluded themselves promptly will have retained their legal rights to take the radiology centre to court in the future over the same claims, should they wish to do so.
All valid claims can be submitted on the settlement website here.
Meanwhile, a mall retailer is paying out over $12 million amid claims of false advertising.
