NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
A Settlement has been reached in two class action lawsuits (the “Lawsuits”), which Lawsuits have now been consolidated, alleging that on two (2) separate occasions, defendant Monongalia Health System, Inc. (“Mon Health”) failed to prevent unauthorized third-party access to its computer systems, and the third parties may have improperly accessed patient and employee information (the “Data Incidents”). The information that is alleged to potentially been accessed included, but is not limited to, names, addresses, dates of birth, medical information, Social Security numbers, and patient account numbers. Mon Health notified approximately 492,861 individuals total that their information may have been affected by one or both of the Data Incidents. If you received one or both of those notices in December 2021 and February 2022, you may be entitled to recovery under the Settlement reached in the case.
Background of the Litigation
In the Guido lawsuit, Plaintiffs bring the following claims against Mon Health arising out of a Data Incident that occurred between May 10, 2021, and August 15, 2021: Invasion of Privacy (Count I), Breach of the Duty of Confidentiality (Count II), Unjust Enrichment (Count III), Negligence Per Se (Count IV), Breach of Express and Implied Contract (Count V), Reckless Indifference (Count VI), Negligent Supervision (Count VII), Breach of Covenant of Good Faith and Fair Dealing (Count VIII), and Negligence (Count IX). Mon Health provided a notice about this Data Incident to approximately 398,164 individuals on or about December 21, 2021.
In the Gaskins lawsuit, Plaintiff brings the following claims against Mon Health arising out of a Data Incident that occurred occurred between December 9, 2021, and December 19, 2021: Negligence (Count I), Negligence Per Se (Count II), Breach of Express and Implied Contractual Duty (Count III), Unjust Enrichment (Count IV), Invasion of Privacy (Count V), Conversion (Count VI), Breach of the Duty of Confidentiality (Count VII), and Reckless Indifference (Count VIII). Mon Health provided a notice about this Data Incident to approximately 492,861 individuals on or about February 28, 2022.
The Guido and Gaskins lawsuits were consolidated for settlement purposes. Mon Health denies any wrongdoing and denies all claims asserted against it in the two lawsuits that have now been consolidated. Plaintiffs and Mon Health have agreed to settle the Lawsuits to avoid the cost, delay, and uncertainty of litigation.
Please refer to the Notice of Proposed Class Action Settlement for more detailed information on the Settlement and your legal rights and options under the Settlement.
Important Dates
- Claim Form Deadline: September 20, 2024
- Opt-Out Deadline: September 20, 2024
- Objection Deadline: September 20, 2024
- Final Approval and Fairness Hearing: September 5, 2024 at 1:30 p.m.