Top Class Actions  |  February 10, 2021

Category: Closed Class Actions

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This settlement is closed!

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Patients may be victims of hospital ransomware attacks

Affordacare has agreed to provide credit monitoring as part of a settlement resolving class action claims involving a ransomware attack.

Anyone whose information was in the possession of either Affordacare of Wichita Medical Management and was potentially affected by the cybersecurity incident involving the company’s computer systems may be eligible for relief.

A class action lawsuit claimed Affordacare was responsible for consumers’ increased risk of fraud and identity theft following the incident and accused the company of negligence, breach of fiduciary duty, and breach of express and implied contract, among other things.

Affordacare, for its part, denies all the accusations made against it but has agreed to a settlement.

Affordacare, or Affordacare Urgent Care Clinic, is a network of six walk-in, urgent-care clinics, according to the class action complaint.

Hackers allegedly installed ransomware and gained access to the Affordacare computers and servers on Feb. 1, 2020, the plaintiffs claimed. Data and files that were extracted during the attack included the plaintiffs’ and Class Members’ personal information, including their names, birthdates, Social Security numbers, phone numbers, and dates, locations, and reasons for clinic visits.

The ransomware was triggered around Feb. 3, 2020, and Affordacare was locked out of its files, the plaintiffs claimed.

In the data breach notice, Affordacare said it “immediately limited access to its servers and identified and corrected the vulnerability,” the complaint said, but did not report limiting access to some of its stand-alone computers.

Affordacare also allegedly refused to pay the ransom, at which point ransomware ring Maze took credit for the attack.

In mid-March, Maze added Affordacare to its website and provided samples of the data the group had stolen.

The letters notifying consumers of the breach were not sent until March 31, 2020, according to the class action lawsuit.

According to the class action complaint, 57,411 patients’ private information was affected by the attack.

As part of the Affordacare settlement, the company has agreed to offer Class Members one year of identity theft protection. Class Members who already have enrolled for such protection through Affordacare will have their services extended by one year.

The identity theft protection will be provided by MyIDCare and will consist of dark web cyberscan monitoring, single bureau credit monitoring, $1 million in identity theft insurance, identity theft recovery, an annual credit report, lost wallet coverage, expert advice, a monthly recap of account activity, and other related monitoring services.

The deadline to exclude yourself from or object to the settlement has passed.

A fairness hearing is scheduled for Feb. 12, 2021.

The deadline to file a claim in the Affordacare settlement is Feb. 26, 2021.

Who’s Eligible

Anyone whose information was in the possession of either Affordacare of Wichita Medical Management and was potentially affected by the cybersecurity incident involving the company’s computer systems.

Potential Award

Identity theft protection.

  • Class Members will receive one year of identity theft protection.
  • Class Members who already have enrolled for such protection through Affordacare will have their services extended by one year.
  • The identity theft protection will be provided by MyIDCare and will consist of dark web cyberscan monitoring, single bureau credit monitoring, $1 million in identity theft insurance, identity theft recovery, an annual credit report, lost wallet coverage, expert advice, a monthly recap of account activity, and other related monitoring services.
Proof of Purchase

N/A

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

02/26/2021

Case Name

Chatelain, et al. v. C, L, and W PLLC d/b/a Affordacare, Case No. 50742-A in the 42nd District Court for Taylor County, Texas

Final Hearing

02/12/2021

Settlement Website
Claims Administrator

Affordacare Settlement Administrator
c/o Epiq
P.O. Box 3058
Portland, OR 97208-3058
1-800-803-6221

Class Counsel

Gary M. Klinger
MASON LIETZ & KLINGER LLP

Defense Counsel

Charles C. Self III
THE WHITTEN LAW FIRM PC

Billy W. Boone
THE LAW OFFICES OF BILLY W. BOONE PC

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.