Flowers Hospital Now Faces Security Breach Class Action Lawsuit

Flowers Hospital data breach class action lawsuit received class certification for a lawsuit alleging the community healthcare provider of allowing personal information to be compromised during a security breach that occurred in 2013.

The data breach class action lawsuit includes any was individual or person who believes that they may have been negatively impacted by the security breach in 2013.

A federal judge agreed on supporting the request for a class action lawsuit. An attorney for one of the plaintiffs said that “had the class action request been denied, anyone and everyone affected by this breach would have been on their own. We believe this is the best remedy for the community of people affected.”

The security breach class action lawsuit arises and stems from a previous criminal case that involved a man hired as a phlebotomist for the hospital managing to steal patient records and using those records to file federal tax returns for the 2012-2013 tax year. The man, Kamarian Millender, filed 124 federal tax returns but was later arrested for being in possession of 54 patient records in February 2014.

Kamarian Millender was understood to have collaborated with an accomplice but he is currently still on the run.

In the criminal case, Millender, “pleaded guilty in 2014. As part of his plea agreement, he admitted to victimizing 73 people,” according to the security breach class action lawsuit.

The patient records stolen by Millender, however, were non-hospital related patient records that were being stored there. The hospital discovered that 5 folders were stolen, which were comprised of approximately 100-150 patient records. Other identities that may have been compromised in the security breach were also provided to the hospital by the IRS and other federal agencies.

Flowers Hospital, to alert patients that they may have been involved in the security breach, sent letters disclosing the situation from approximately April 8^th and August 29^th of 2014. Those notified comprised of roughly 1,208 non-hospital patients, but the hospital claims that “it was acting in an overabundance of caution and that the number should not reflect the actual extent of the breach,” the security breach class action maintains.

The specific number of individuals affected by the security breach have been a question among the plaintiffs and defendant. It is stated, however, that more information will be brought forth through the discovery phase of the lawsuit.

Chief U.S. District Judge W. Keith Watkins had maintained, moreover, that despite the plaintiffs’ in capabilities of displaying the exact number of individuals affected by the security breach, “… they have proved that the class will most likely number in the hundreds.”

Triad of Alabama, Flower Hospital’s parent company, initially faced the lawsuit filed by five individual plaintiffs alleging violations of the Fair Credit Reporting Act, negligence, breach of contract, and invasion of privacy.

This suit was filed in May of 2014.

The judge dismissed the invasion of privacy claim but the suit is now granted class action status.

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Companies you entrust your personal information with are obligated to keep your information safe and secure. If you were recently notified that your personal information was compromised due to a data breach, you may qualify to file a data breach lawsuit or class action lawsuit.

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