$4.3M Upstream Rehabilitation data breach class action settlement

Upstream Rehabilitation agreed to pay over $4.3 million as part of a class action lawsuit settlement to resolve claims that it failed to prevent a 2023 data breach that compromised sensitive patient information.

The settlement benefits individuals whose protected health information or personally identifiable information was exposed to unauthorized third parties as a result of Upstream Rehabilitation’s data breach that occurred between Jan. 24 and 31, 2023, and between Feb. 3 and 9, 2023.

Plaintiffs in the data breach class action lawsuit claim Upstream Rehabilitation failed to protect their information from a 2023 cyberattack which reportedly compromised names, birth dates, demographic information, diagnosis information, health insurance data and more. According to the plaintiffs, the Upstream Rehabilitation data breach could have been prevented through reasonable cybersecurity measures.

Upstream Rehabilitation is a physical therapy company with over 1,200 locations across the United States.

Upstream Rehabilitation hasn’t admitted any wrongdoing but agreed to a $4.3 million settlement to resolve the data breach class action lawsuit.

Under the terms of the Upstream settlement, class members can receive three years of credit monitoring and up to $5,000 for documented monetary losses related to the data breach. These losses can include fraudulent charges, identity theft damages, professional fees, credit expenses and more. Class members must provide documentation of these losses in order to receive reimbursement.

Class members who did not experience any documented losses as a result of the data breach can still receive monetary benefits. Class members can receive a pro rata share of the net settlement fund. Class counsel estimates these payments will be at least $50 per claimant, though the actual payment amount may be higher or lower depending on the number of claims filed. Class members who claim reimbursement are also eligible for pro rata payments.

In addition to these monetary payments, class members can receive three years of financial account monitoring services through the settlement.

The deadline for exclusion and objection was Dec. 31, 2024.

The final approval hearing for the Upstream Rehabilitation data breach settlement is scheduled for Feb. 24, 2025.

In order to receive settlement benefits, class members must submit a valid claim form by Jan. 30, 2025.

Who’s Eligible

Individuals whose personal health information and/or personally identifiable information was exposed to unauthorized third parties as a result of a data breach that occurred between Jan. 24 and Jan. 31, 2023, and between Feb. 3 and Feb. 9, 2023

Potential Award

$5,000

Proof of Purchase

No proof is necessary unless you are making a claim for unreimbursed losses, which requires account statements, invoices, tax documents, financial forms, credit reports, receipts and other documentation of data breach-related losses

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

01/30/2025

Case Name

Jeremy Hufstetler, et al. v. Upstream Rehabilitation Inc., et al., Case No. 01-CV-2024-902563.00, in the Tenth Judicial Circuit Court of Jefferson County, Alabama

Final Hearing

02/24/2025

Settlement Website

UpstreamDataSettlement.com

Claims Administrator

Upstream Data Settlement Administrator
c/o A.B. Data Ltd.
PO Box 173117
Milwaukee, WI 53217
[email protected]
866-217-4459

Class Counsel

Jonathan S Mann
Austin B Whitten
PITTMAN DUTTON HELLUMS BRADLEY & MANN P C

Hirlye R “Ryan” Lutz III
F Jerome Tapley
Hunter Phares
CORY WATSON P C

Annesley H DeGaris
Alexandra J Calton
DEGARIS LAW LLC

Taylor Bartlett
HENINGER GARRISON DAVIS LLC

Nicholas A Migliaccio
Jason S Rathod
MIGLIACCIO & RATHOD LLP

Brooke Murphy
MURPHY LAW FIRM

Daniel Srourian
SROURIAN LAW FIRM PC

Tyler J Bean
SIRI & GLIMSTAD LLP

Gary M Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

Defense Counsel

James F Monagle
MULLEN COUGHLIN LLC