Marietta Health data breach $1.75M class action settlement

Update:

• The court granted this settlement final approval Dec. 7, 2023.

• Let Top Class Actions know when you receive a check in the comments section below or on our Settlements & Payouts Facebook group.

Marietta Health agreed to pay $1.75 million to resolve claims that it failed to protect patients from a 2021 data breach.

The settlement benefits individuals whose private information may have been compromised in the Marietta Health data breach between July 10, 2021, and Aug. 15, 2021, including those who received a data breach notification letter.

During July and August 2021, hackers allegedly gained access to Marietta Health patients’ sensitive data, including Social Security numbers and health insurance information. Plaintiffs in the data breach class action lawsuit claim the hospital system could have prevented the data breach through reasonable cybersecurity measures. 

Marietta Health, which operates as Memorial Health System, is a network of two hospitals, a freestanding emergency room, outpatient sites and clinics in Ohio and West Virginia.

Marietta Health hasn’t admitted any wrongdoing but agreed to a $1.75 million settlement to resolve the data breach class action lawsuit.

Under the terms of the settlement, class members can receive up to $5,000 for out-of-pocket expenses related to the data breach. These payments cover expenses like bank fees, professional costs, credit expenses and damages from fraud or identity theft. Reimbursement also includes up to four hours of lost time at a rate of $25 per hour.

Class members who did not experience any documented losses related to the data breach can still recover compensation. All claimants are eligible for a pro rata share of residual settlement funds, estimated to be around $50.

The deadline for exclusion and objection was Sept. 15, 2023.

The final approval hearing is scheduled for Dec. 4, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Oct. 15, 2023.

Who’s Eligible

Individuals whose private information may have been compromised in the Marietta Health data breach between July 10, 2021, and Aug. 15, 2021, including those who received a data breach notification letter

Potential Award

$5,050

Proof of Purchase

Claimants do not have to include documentation of lost time, but can swear, under penalty of perjury, to the amount of time they spent dealing with issues related to the data breach. However, documentation such as receipts must accompany claims for out-of-pocket expenses. “Self-prepared” documents, such as handwritten receipts, do not qualify as 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

10/15/2023

Case Name

Tucker v. Marietta Area Health Care d/b/a Memorial Health System, Case No. 2:22-cv-00184-SDM-EPD, in the U.S. District Court for the Southern District of Ohio

Final Hearing

12/04/2023

Settlement Website

MHSDataSettlement.com

Claims Administrator

MHS Data Settlement Administrator
PO Box 5144
Baton Rouge, LA 70821
info@MHSDataSettlement.com
844-709-1197

Class Counsel

Terence R Coates
MARKOVITS STOCK & DEMARCO LLC

Joseph M Lyon
THE LYON FIRM

Gary E Mason 
MASON LLP

Jeffery S Goldenberg
GOLDENBERG SCHNEIDER LPA

Defense Counsel

Drew H Campbell
Christopher Gordon
BRICKER GRAYDON LLP