$2.4M Excelsior Orthopaedics data breach class action settlement

Excelsior Orthopaedics and Buffalo Surgery Center agreed to a $2.4 million class action settlement to resolve claims surrounding a 2024 data breach.

The Excelsior Orthopaedics class action settlement benefits individuals whose personal information was potentially accessed in a data breach at Excelsior Orthopaedics and Buffalo Surgery Center in June 2024.

According to plaintiffs in the Excelsior Orthopaedics data breach lawsuit, Excelsior Orthopaedics and Buffalo Surgery Center failed to take reasonable measures to protect their information from cybercriminals. The plaintiffs claim that the companies could have prevented the data breach through reasonable cybersecurity measures.

Excelsior Orthopaedics is an orthopaedic practice with locations in Buffalo, New York. Buffalo Surgery Center is a similar practice.

Excelsior Orthopaedics and Buffalo Surgery Center have not admitted any wrongdoing but agreed to a $2.4 million class action settlement to resolve the allegations.

Under the terms of the Excelsior Orthopaedics settlement, class members can receive up to $5,000 for documented losses related to the Excelsior Orthopaedics data breach. This includes bank fees, communication charges, credit expenses and travel costs. Class members must provide documentation of these expenses to receive reimbursement.

Class members who do not have documentation of their data breach-related expenses can still receive a cash payment from the settlement. These payments will be pro rata, meaning each class member will receive a proportional share of the net settlement fund based on the number of claims filed.

Class members are also eligible for two years of free credit monitoring services. Class members can find their activation code on their mailed settlement notice.

The deadline for exclusion and objection is May 17, 2026.

The final approval hearing for the Excelsior Orthopaedics settlement is scheduled for July 8, 2026.

To receive settlement benefits, class members must submit a valid claim form by June 11, 2026.

Who’s Eligible

The Excelsior Orthopaedics class action settlement benefits individuals whose personal information was potentially accessed in a data breach at Excelsior Orthopaedics and Buffalo Surgery Center in June 2024.

Potential Award

Up to $5,000 in documented losses or a pro rata cash payment.

Proof of Purchase

Claimants must provide documentation of their losses, such as telephone records, correspondence or receipts.

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

06/11/2026

Case Name

Szucs, et al. v. Excelsior Orthopaedics LLP, et al., Case No. 812753/2024, in the Supreme Court of The State of New York, County of Erie

Final Hearing

07/08/2026

Settlement Website

ExcelsiorDataSettlement.com

Claims Administrator

Excelsior Incident Settlement Administrator
P.O. Box 6484
Portland, OR 97228-6484
[email protected]
877-327-7791

Class Counsel

Andrew W. Ferich
AHDOOT & WOLFSON P.C.

Arturo Pena
STERLINGTON PLLC

Tyler J. Bean
SIRI & GLIMSTAD LLP

Defense Counsel

David M. Ross
Brian H. Myers
WILSON ELSER LLP