US Fertility data breach $5.75M class action settlement

US Fertility LLC (USF) agreed to a $5.75 million settlement to resolve a class action lawsuit claiming that it failed to protect patient information from a 2020 data breach.

The USF settlement benefits individuals whose personal information and/or protected health information was compromised in the US Fertility data breach announced in November 2020.

According to the data breach class action lawsuit, US Fertility’s negligence allowed hackers to access its systems and steal the medical and financial information of nearly 900,000 patients. Plaintiffs claim US Fertility could have prevented the breach by taking reasonable cybersecurity measures to protect patient data.

US Fertility LLC is a national network of fertility clinics with over 100 locations around the country. 

US Fertility hasn’t admitted wrongdoing but agreed to a $5.75 million settlement to resolve the data breach class action lawsuit.

Under the terms of the settlement, class members can receive a cash payment of $50, regardless of their experiences following the data breach. Class members whose information was obtained from a fertility clinic in California will receive an additional $200. These payment amounts may be increased or decreased depending on the number of valid claims filed.

Class members who experienced lost time protecting their information or dealing with fraud and identity theft following the US Fertility data breach can receive lost-time payments. The settlement compensates up to four hours of lost time at a rate of $25 per hour, for a maximum lost-time payment of $100.

The settlement also provides up to $15,000 in reimbursement of out-of-pocket losses related to the data breach. Class members could claim a wide range of documented losses, including identity theft, fraudulent charges, credit expenses, professional fees and more.

Class members who claim multiple types of benefits from the settlement can receive no more than $15,000 in total, even if they claim more than $15,000 in damages.

The deadline for exclusion and objection is Feb. 20, 2024.

The final approval hearing for the settlement is scheduled for April 18, 2024.

Class members must submit a valid claim form by March 19, 2024, to receive settlement benefits.

Who’s Eligible

Individuals whose personal information and/or protected health information was compromised in the US Fertility data breach announced in November 2020.

Potential Award

$15,000

Proof of Purchase

Receipts, notices, account statements, police reports, IRS documents, FTC reports, professional invoices, travel details and other documentation of data breach-related expenses.

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

03/19/2024

Case Name

In re: US Fertility LLC Data Security Litigation, Case No. 8:21-cv-00299-PJM, in the U.S. District Court for the District of Maryland

Final Hearing

04/18/2024

Settlement Website

USFDataSettlement.com

Claims Administrator

USF Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA19103
844-755-6574

Class Counsel

John A Yanchunis
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Gayle M Blatt
CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD LLP

Hassan A Zavareei
TYCKO & ZAVAREEI LLP

David M Berger
GIBBS LAW GROUP LLP

Nikoletta S Mendrinos
MURPHY FALCON & MURPHY

Defense Counsel

Claudia D McCarron
Paulyne Gardner
MULLEN COUGHLIN LLC