$8.9M Elekta, NMH data breach class action settlement

Elekta Inc. and Northwestern Memorial Healthcare agreed to pay $8.9 million to resolve claims they failed to prevent a 2021 data breach that compromised sensitive patient information, including genetic data.

The Elekta and Northwestern Memorial Healthcare settlement benefits individuals whose sensitive information was accessed or potentially compromised in the April 2021 data breach and who received a data breach notification letter that month.

The Northwestern Memorial Healthcare and Elekta settlement also includes a subclass of class members from Illinois who can recover additional relief under Illinois’ Genetic Information Privacy Act.

The Elekta and Northwestern Memorial Healthcare data breach reportedly compromised the sensitive information of 3.1 million individuals, including 1.4 million patients of Northwestern Memorial Healthcare. According to the class action lawsuit, Elekta should have implemented reasonable cybersecurity to protect patient data, such as names, birth dates, Social Security numbers, health insurance information, medical treatment data and genetic information.

Elekta is a medical technology company that specializes in cancer care and brain disorder treatment. Northwestern Memorial Healthcare is a network of hospitals and outpatient facilities in Chicago.

Elekta and Northwestern Memorial Healthcare have not admitted any wrongdoing but agreed to the $8.9 million class action settlement to resolve the allegations.

Under the terms of the settlement, class members can receive cash reimbursement payments and pro rata cash payments.

The Northwestern Memorial Healthcare and Elekta settlement offers claimants up to $5,000 in reimbursement for documented out-of-pocket losses related to the data breach, such as bank fees, credit costs, fraud damages and postage costs. To recover these damages, class members must provide documentation, such as bank statements, receipts, tax documents, financial documents and more.

Class members can also file a claim for pro rata payments of up to $1,000. GIPA subclass members can receive an additional pro rata payment of up to $1,000. Although both types of pro rata payments are capped at $1,000 per the settlement agreement, actual payments may be lower depending on the number of claims filed and the settlement funds available.

The deadline for exclusion and objection is Nov. 26, 2024.

The final approval hearing for the settlement is scheduled for Jan. 6, 2025.

The claim form deadline is Dec. 26, 2024.

Who’s Eligible

Individuals who received a data breach notification letter informing them their information was compromised or potentially compromised in a 2021 Elekta and Northwestern Memorial Healthcare data breach

Potential Award

$6,000

Proof of Purchase

Documentation of losses, such as bank statements, credit reports, invoices, bills, receipts and other third-party documentation

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

12/26/2024

Case Name

Tracy v. Elekta Inc., et al., Case No. 1:21-cv-02851-SDG, in the U.S. District Court for the Northern District of Georgia

Final Hearing

01/06/2025

Settlement Website

ElektaDataSettlement.com

Claims Administrator

Elekta Data Settlement Administrator
P.O. Box 1429
Baton Rouge, LA 70821
[email protected]
844-377-6369

Class Counsel

Bryan L Bleichner
CHESTNUT CAMBRONNE PA

Terence R Coates
MARKOVITS STOCK & DEMARCO LLC

Defense Counsel

Michael Hartman
SVP REGIONAL GENERAL COUNSEL

Julia K Lynch
NMH GENERAL COUNSEL