Eye Care Leaders (ECL) data breach class action settlement

Eye Care Leaders (ECL) agreed to a class action lawsuit settlement of more than $4 million to resolve claims that patient and physician data and services were compromised during ransomware data breach attacks in 2021.

The ECL class action lawsuit settlement benefits physicians and eye care clinics who contracted with Eye Care Leaders for record-keeping and other practice management services.

The physician settlement class includes the following subclasses:

• IMedicWare subclass: physicians and entities who received EMR management services using the iMedicWare software and have suffered from outages since Jan. 1, 2019
• MyCare Integrity subclass: physicians and entities who received EMR management services using the myCare Integrity software and have suffered from outages since Jan. 1, 2019
• MVE subclass: physicians and entities who received EMR management services using the MyVisionExpress software and have suffered from outages since Jan. 1, 2019.
• Revenue cycle management subclass: physicians and entities who received revenue cycle management services and received delinquent revenue cycle services since Jan. 1, 2019, and/or whose transaction information was compromised by ransomware attacks

The ECL settlement also benefits patients of physicians and eye care clinic class members whose personal information was compromised in the data breach.

According to several class action lawsuits from patients and medical professionals, Eye Care Leaders failed to prevent data breaches starting in 2021. These breaches allegedly compromised sensitive patient data and caused service interruptions for physicians and eye clinics.

Eye Care Leaders is a healthcare solutions group that provides electronic health records and practice management services to eye doctors and eye care clinics.

ECL hasn’t admitted any wrongdoing but agreed to a $4.07 million settlement to resolve the data breach class action lawsuit; $2.61 million will be used to compensate patients, and $1.46 million will be used to compensate physicians and eye clinics. If additional funds become available from insurance claims, up to $9.5 million will be added to the physician settlement fund.

Under the terms of the Eye Care Leaders class action lawsuit settlement, patients can receive up to $5,000 in reimbursement for data breach-related expenses. Out-of-pocket expenses must be documented and can include bank fees, credit expenses, unreimbursed fraud or identity theft damages and more. 

Patient class members who did not experience out-of-pocket expenses following the breach can still file a claim. All patient class members are eligible for a pro rata share of the net settlement fund, though these payment amounts will vary depending on the number of participating claimants.

Physician class members can receive an equal share of the net settlement fund. These payments will vary depending on the number of participating class members.

Physician class members can also receive billing credits from the settlement. These billing credits vary depending on the services used by each class member but could amount to up to $3,500 per service. In total, these billing credits are estimated to be worth over $5.7 million. 

The objection deadline is Jan. 15, 2024. There is no exclusion option for this settlement, as the class has already been certified.

The final approval hearing for the Eye Care Leaders class action lawsuit settlement is scheduled for Feb. 13, 2024.

In order to receive benefits under the ECL data breach class action lawsuit settlement, class members must submit a valid claim form by March 14, 2024.

Who’s Eligible

Physician class: physicians and eye care clinics who contracted with Eye Care Leaders for record-keeping and other practice management services.

• IMedicWare subclass: physicians and entities who received EMR management services using the iMedicWare software and have suffered from outages since Jan. 1, 2019
• MyCare Integrity subclass: physicians and entities who received EMR management services using the myCare Integrity software and have suffered from outages since Jan. 1, 2019
• MVE subclass: physicians and entities who received EMR management services using the MyVisionExpress software and have suffered from outages since Jan. 1, 2019
• Revenue cycle management subclass: physicians and entities who received revenue cycle management services who received delinquent revenue cycle services since Jan. 1, 2019, and/or whose transaction information was compromised by ransomware attacks

Patient class: patients of physicians and eye care clinics whose personal information was compromised in the Eye Care Leaders data breach.

Potential Award

Varies

Proof of Purchase

Receipts, bank/credit card statements, invoices and other documentation of out-of-pocket expenses

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

03/14/2024

Case Name

Alliance Ophthalmology, PLLC v. ECL Group LLC, Case No. 1:22-CV-00296; Farley v. Eye Care Leaders Holdings LLC, Case No. 1:22-CV-00468; Jeanne Byers v. ECL Group LLC, Case No. 22-cv-607; Detrina Solomon v. ECL Group LLC, Case No. 22-cv-526; Forrester v. Eye Care Leaders Holdings LLC, Case No. 22-cv-503; and Sandvig v. Eye Care Leaders Holdings LLC, Case No. 22-cv-502, all in the U.S. District Court for the Middle District of North Carolina

Final Hearing

02/13/2024

Settlement Website

ECLSettlement.com

Claims Administrator

ECL Settlement Administrator
PO Box 2630
Portland, OR 97208-2630
877-328-5803

Class Counsel

Russ Ferguson 
Matthew F Tilley 
Patrick G Spaugh
WOMBLE BOND DICKINSON (US) LLP 

Gary E Mason
MASON LLP

Jean Sutton Martin 
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Gary M Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC

Defense Counsel

Matthew Leerberg 
Kristen Broz
FOX ROTHSCHILD LLP