American HomePatient Data Breach Class Action Settlement

American HomePatient has agreed to pay $1 million to resolve claims that they failed to protect patient data in a burglary incident.

The settlement benefits current or former patients and customers of American HomePatient Inc. and Lincare Holdings Inc. whose personal identifying information was stored on the unencrypted hard drives stolen from American HomePatient’s location on Jan. 6, 2017. Class Members must have suffered injury or harm from this breach.

On Jan. 6, 2017, a burglar allegedly broke into American HomePatient’s Delaware facility and stole several computers containing sensitive information. As a result, over 13,000 patients may have had their first and last names, addresses, AHOM account information, Social Security Numbers, diagnosis codes, dates of birth, financial information, and treatment information revealed to unauthorized parties.

As a result of this theft, patients took legal action in an American HomePatient class action lawsuit. The plaintiffs claimed that the home healthcare service negligently failed to encrypt their hard drives. This allegedly allowed the perpetrator to easily access sensitive patient information.

American HomePatient did not admit to any wrongdoing but, in 2019, agreed to pay $1 million to resolve the claims against them. The settlement was awarded preliminary approval after a federal judge found that the deal “generously provides” various monetary and non-monetary compensation for affected Class Members.

As noted by the judge, Class Members can recover several types of compensation from the settlement. Remedies include free credit monitoring, expense reimbursement, payments for false tax returns or unauthorized tax document requests, payment for identity thefts, and more. Each remedy requires specific types of documentation.

The amount each Class Member can collect will vary depending on the type of claims they make. Payments in these categories will relate directly to experienced expenses or damages by the claimant, although payments may be reduced on a pro rata basis if a larger number of claims are filed.

In order to benefit from the settlement, Class Members need to file a valid claim form by June 6, 2020. The deadline for exclusion and objection is May 7, 2020. The final approval hearing for the settlement is scheduled for June 26, 2020.

Who’s Eligible

Current or former patients and customers of American HomePatient Inc. and Lincare Holdings Inc. whose personal identifying information was stored on the unencrypted hard drives stolen from American HomePatient’s location on Jan. 6, 2017. Class Members must have suffered injury or harm from this breach.

Potential Award

A variety of awards are available under the American HomePatient data breach settlement, divided into the following claim categories:

• Claim A: Enrollment in the Equifax Credit Watch Silver program;
• Claim B: Payment for self-purchased identity theft protection;
• Claim C: Payment for false or fraudulent tax returns filed with the IRS after Jan. 6, 2017;
• Claim D: Payment for unauthorized IRS tax transcripts requested from the IRS after Jan. 6, 2017;
• Claim E: Payment for identity theft incidents involving financial fraud after Jan. 6, 2017;
• Claim F: Reimbursement of out of pocket expenses (other than identity theft protection services in claim B) and lost time (unrelated to any expenses claimed for clam E).

Proof of Purchase

The type of proof of purchase required depends on the type of claims a Class Member is making, as follows:

• Claim A: No documentation required;
• Claim B: Receipts, voided checks, bank statements, or other documentation proving the purchase of identity theft protection and the cost of the service;
• Claim C: Letters from the IRS, accountants, or another source detailing a fraudulent tax return;
• Claim D: Copy of the issuance of a tax transcript and a copy of the identity theft affidavit sent to the IRS;
• Claim E: Receipts, voided checks, bank statements, invoices, official governmental correspondence, or other documentation proving that financial fraud from identity theft occured;
• Claim F: Receipts, voided checks, bank statements, or other documentation showing the amount in losses and/or a detailed narrative description.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

6/6/2020

Case Name

Kuss v. American HomePatient Inc., et al., Case No. 8:18-cv-02348, in the U.S. District Court for the Middle District of Florida

Final Hearing

6/26/2020

UPDATE: The American HomePatient Data Breach Class Action Settlement was granted final approval on August 13, 2020. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.AHOMSettlement.com

Claims Administrator

AHOM Claims Administrator
P.O. Box 4079
Portland, OR 97208-4079
1-833-935-1352

Class Counsel

John A. Yanchunis
Ryan J. Mcgee
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Charlie Schaffer
Daniel C. Levin
LEVIN SEDRAN BERMAN LLP

Defense Counsel

Jason A. Pill
Guy P. McConnell
PHELPS DUNBAR LLP

Michael S. Hooker

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