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Bone & Joint Clinic data breach class action lawsuit overview:
- Who: Keith Tesky filed a class action lawsuit against Bone & Joint Clinic S.C.
- Why: Tesky claims Bone & Joint failed to protect personally identifiable information and protected health data from being compromised during a January data breach.
- Where: The class action lawsuit was filed in Wisconsin federal court.
Bone & Joint Clinic failed to protect patients’ personally identifiable information (PII) and protected health information (PHI) during a data breach it discovered in January that affected around 105,094 individuals, a new class action lawsuit alleges.
Plaintiff Keith Tesky claims the data breach against Bone & Joint Clinic was due to its alleged failure to “implement adequate and reasonable cyber-security procedures and protocols necessary to protect individuals’ Private Information.”
Tesky argues further that Bone & Joint Clinic maintained private information it was entrusted “in a reckless manner” by allegedly leaving its computer network in a condition that made it “vulnerable to cyberattacks.”
“Defendant disregarded the rights of (class members) by, inter alia, intentionally, willfully, recklessly, or negligently failing to take adequate and reasonable measures to ensure its data systems were protected against unauthorized intrusions,” the Bone & Joint class action states.
Tesky wants to represent a nationwide class of individuals who had their private information compromised during the data breach discovered by Bone & Joint Clinic in January and disclosed by the company on or around March 2023.
Cybercriminals intentionally targeted Bone & Joint Clinic for its ‘highly sensitive’ private info, says class action
The private information exposed in the data breach included names, birthdates, Social Security numbers, home addresses, phone numbers, health insurance information and treatment and diagnosis information, according to the Bone & Joint class action.
“The cybercriminals intentionally targeted Bone & Joint for the highly sensitive Private Information it stores on its computer network, attacked the insufficiently secured network, then exfiltrated highly sensitive PII and PHI,” the Bone & Joint class action states.
Tesky claims Bone & Joint is guilty of negligence, negligence per se, breach of fiduciary duty and unjust enrichment. He is demanding a jury trial and requesting declaratory relief, along with an award of actual, compensatory and statutory damages for himself and all class members.
In December, a data breach affecting federal subcontractor Healthcare Management Solutions may have exposed the PII and PHI of as many as 254,000 Medicare beneficiaries across the US.
Have you been affected by the Bone & Joint data breach? Let us know in the comments!
The plaintiff is represented by Lisa A. White, Gary E. Mason and Danielle Perry of Mason LLP.
The Bone & Joint Clinic data breach class action lawsuit is Tesky, et al. v. Bone & Joint Clinic S.C., Case No. 3:23-cv-00184, in the U.S. District Court for the Western District of Wisconsin.
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3 thoughts onBone & Joint Clinic class action claims company failed to protect patient info from data breach
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