Southern Orthopedic Associates data breach $660K class action settlement

Southern Orthopedic Associates (SOA), also known as Orthopaedic Institute of Western Kentucky, has agreed to a proposed settlement to resolve a class action lawsuit claiming it failed to properly safeguard patients’ personally identifiable information stolen by hackers during a data breach.

While not admitting fault, SOA has agreed to create a settlement fund of $660,000 to provide benefits to people who were notified that their information was stolen. Class members must have received the notice sent by mail on Dec. 20, 2021, to be eligible for the proposed settlement.

The defendant is a Paducah, Kentucky, advanced care medical practice specializing in general orthopedics, as well as joint replacement and reconstruction, sports medicine, and foot, ankle, hand and wrist issues. Among its staff are surgeons, physical therapists, radiologists, and urgent care personnel. 

The data breach, affecting some 107,000 people, occurred in or around June or July 2021 and included names and Social Security numbers.

The plaintiffs and the defendant agreed to a settlement to avoid the costs and risks of a trial and to allow class members to receive payments from the settlement. The plaintiffs and their attorneys think the settlement is best for all class members.

Under the settlement terms, class members who submit a valid claim form can receive up to $350 for ordinary losses, such as bank fees, credit report fees and other out-of-pocket expenses. This amount also includes lost time calculated at a rate of $20 per hour for up to four hours. 

Class members may also file a claim for up to $5,000 in extraordinary losses —  actual, documented and unreimbursed monetary losses arising from fraud or misuse due to the data breach. The actual misuse or fraud loss must have occurred between the date of the data breach and Feb. 28, 2024.

If valid claims exceed the amount remaining in the settlement fund at the time of payment, payments will be reduced pro rata.

The deadline for class members to exclude themselves from or object to the settlement is Jan. 29, 2024. 

A final fairness hearing in the data breach class action lawsuit settlement will take place Feb. 12, 2024.

The deadline to file a claim form is Feb. 28, 2024.

Who’s Eligible

Class members who received the notice sent by mail on Dec. 20, 2021, informing them that their information was stolen in the SOA data breach. 

Potential Award

$5,000

Proof of Purchase

Receipts, account statements or other documentation of the losses being claimed.

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

02/28/2024

Case Name

Restivo-Conley v. Southern Orthopedic Associates, No. 2022LA77, in the Circuit Court of the 1st Judicial Circuit, Williamson County, Illinois 

Final Hearing

02/12/2024

Settlement Website

SOAClassActionSettlement.com

Claims Administrator

SR9 Settlement Administrator
PO Box 301132
Los Angeles, CA 90030-1132
Info@SOAClassActionSettlement.com
877-729-3553

Class Counsel

STRANCH JENNINGS & GARVEY PLLC
COHEN & MALAD LLP
FEDERMAN & SHERWOOD
GEORGE FELDMAN McDONALD PLLC

Defense Counsel

Amanda Nicole Harvey
MULLEN COUGHLIN LLC