Christina Spicer  |  January 29, 2018

Category: Consumer News

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Serious doctor using tablet in medical officeAllscripts Healthcare Solutions was hit with a class action over disrupted services, lost patient data, and even life-threatening situations after a hospital ransomware attack was launched against the medical records and scheduling service.

Lead plaintiff, Surfside Non-Surgical Orthopedics, alleges in its class action lawsuit that Allscripts failed to adequately secure its systems from the ransomware attack and other cyber threats. The plaintiff says that the recent attack prevented them and other medical service providers from performing routine and ordinary business.

“As a result of the ransomware attack experienced by Allscripts…Plaintiff could not access its patients’ records or electronically prescribe medications, forcing Plaintiff to cancel appointments, thereby causing significant business interruption and disruption, and lost revenues,” alleges the complaint. “Additionally, Plaintiff has expended significant time and effort resolving these issues resulting from the breach, including communicating with patients to reschedule appointments.”

The ransomware attack began on Jan. 18, 2018. The ransomware, known as “SamSam,” crippled Allscripts’ data centers that manage healthcare data for hospitals and medical centers across the nation. According to the Allscripts class action lawsuit, ransomware (a subset of malware) is designed to hold computer systems hostage by encrypting data until the hackers are paid. Ransomware targets healthcare services because of the risks to patient treatment and safety presented by the attack.

Ransomware attacks have been committed against healthcare services companies since 1989, allege the plaintiffs, but Allscripts failed to protect their systems to avoid such an attack.

“Beginning on or about January 18, 2018, a strain of ransomware known as ‘SamSam’ attacked, compromised, and crippled Allscripts’ data centers in Raleigh and Charlotte, North Carolina, disabling Plaintiff’s ability to access and transact with Allscripts’ electronic health record system, as well as some e-prescribing system capabilities,” states the class action lawsuit

The attacked hobbled Allscripts’ ability to conduct business. In turn, alleges the plaintiff, they and other companies were unable to schedule and keep appointments. Further, says the plaintiff, they incurred costs rescheduling patients.

According to the Allscripts class action lawsuit, the ransomware attack also exposed private health information Allscripts is obligated to protect under the Health Insurance Portability and Accountability Act (HIPAA).

“The SamSam attack on Allscripts’ systems and data is also considered a breach under the HIPAA Rules because there was an access of PHI not permitted under the HIPAA Privacy Rule,” says the complaint.

The Allscripts lawsuit seeks to represent similarly situated health care businesses who suffered interruptions due to the Allscripts ransomware attack nationwide. The class action lawsuit alleges that Allscripts was negligent in failing to protect its systems from the attack. The plaintiff also alleges breach of contract, consumer fraud, and unjust enrichment. The plaintiff also alleges that Allscripts violated Illinois state law.

The plaintiff is seeking damages as well as an order compelling Allscripts to protect its systems from ransomware attacks.

Surfside Non-Surgical Orthopedics is represented by Steven Teppler and Brittany Ford of Abbott Law Group PA, John Yanchunis, Marisa Glassman and Patrick A. Barthle II of Morgan & Morgan Complex Litigation Group, Joel Rhine of the Rhine Law Firm PC and Robert A. Clifford and Shannon McNulty of the Clifford Law Offices.

The Allscripts Ransomware Class Action Lawsuit is Surfside Non-Surgical Orthopedics PA v. Allscripts Healthcare Solutions, Inc., Case No. 1:18-cv-00566, in the U.S. District Court for the Northern District of Illinois.

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One thought on Allscripts Class Action Says Ransomware Attack Disrupted Medical Services

  1. teresa farnell says:

    someone needs to check into caremark….slow service, non preverfication with consumer for delivery especially when out of town, then not fulfilling the full rx and sending a vacation fill 14 pills vs 30 at consumer cost until the actuall meds are received at the home address vs where you are located at the time, i spent 1 1/2 weeks with out medication until they decided how they were going to fix it.

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