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Scripps Health Class Action Overview:
- Who: A patient has filed a class action lawsuit against California healthcare provider Scripps Health.
- Why: The lawsuit alleges Scripps Health failed to properly protect patient information, leading to a massive data breach affecting thousands.
- Where: The class action was filed in federal court in San Diego, where Scripps Health is based.
A major California healthcare provider didn’t properly take care of customer information, resulting in a data breach that saw private information stolen from more than 147,267 patients this year, a new nationwide class action lawsuit alleges.
Plaintiff Madelyn Rosen filed the class action complaint against defendant Scripps Health in a California federal court last Wednesday, alleging the non-profit violated the law in the lead up to the data April date breach. The class action follows at least four other similar complaints.
Scripps Health is a California not-for-profit corporation which operates a group of $3.1 billion nonprofit hospitals and healthcare providers in the Southern California region, the lawsuit says.
Rosen says, in April 2021, Scripps Health first learned of “unusual network activity” where an unauthorized party may have gained access to the emails and attachments of several of its employee email accounts containing patients’ private information.
This information included “name, dates of birth, health insurance information, medical record number, patient account number, and/or clinical information such as physician name, date of service, and/or treatment information,” she says, adding that the company’s medical operations hit a standstill after this.
“As a result of the Security Breach, Private Information was stolen from over 147,267 patients between April 2021 and June 2021,” Rosen says.
Plus, instead of telling patients, the hospital waited and did not formally send patients a breach notification letter for one month.
“For Plaintiff and those similarly situated, many patients were notified of the breach through disruption in healthcare services,” the class action says.
Rosen herself says she learned of the breach when she was unable to get a report from her radiology appointment, and spent more than 24 hours with her doctor trying to access her records.
She alleges Scripps Health’s security failures enabled hackers to steal the private information of patients, and put patients’ interests at serious, immediate, and ongoing risk.
The breach was caused and enabled by Scripps’ violation of its obligations to abide by best practices and industry standards concerning the security of patient records, the class action alleges, saying the organization “cut corners” on security measures.
Rosen is looking to represent anyone in the country who submitted private information to Scripps Health or its affiliate who had that information compromised as a result of the April data breach, as well as a California Subclass.
She is suing for breach of contract, negligence, violation of California privacy, confidentiality, competition and customer records laws. The filing seeks certification of the class, damages, remediation of the effects of the breach, fees, costs and a jury trial.
This is at least the fifth class action lawsuit filed against Scripps Health for the April data breach. In June, Scripps Health was hit with another two class action lawsuits, on top of two that were already filed, alleging the company failed to protect patient data after the ransomware attack on the company.
Have you ever had your personal information accessed in a data breach? What did you do? Let us know in the comments section!
The plaintiffs are represented by Helen I. Zeldes, Ben Travis, Schonbrun Seplow Harris Hoffman & Zeldes, LLP and Selin Demir, Nicholas A. Migliaccio, Jason S. Rathod of Migliaccio & Rathod LLP.
The Scripps Health Data Breach Class Action Lawsuit is Rosen et al., v. Scripps Health., Case No. 3:21-cv-01358-JLS-WVG, in the U.S. District Court Southern District of California.
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