U.S. Fertility Failed to Protect Patients’ Information, Class Action Lawsuit Claims

Attorneys filed a new class action lawsuit against U.S. Fertility, LLC — one of the nation’s largest data providers for fertility clinics — in New York on Tuesday. 

The class action claims that U.S. Fertility, LLC (USF) did not adequately protect the personal information of at least 1,000 people whose data was compromised or exposed after U.S. Fertility experienced a massive ransomware attack on Sept. 14, 2020.

Lead plaintiff Shelly A. Leonard was a patient at the New York SHER Institute for Reproductive Medicine (SHER), one of USF’s many clients, and says she wasn’t notified about the breach until almost four months after the fact. 

U.S. Fertility’s own investigation confirmed the exposure, according to Leonard, but was unable to determine the exact number of files that were compromised. 

The class action lawsuit contends U.S. Fertility had a duty to not only disclose but also protect the private personal data and blames the exposed records on a “failure to take adequate” measures. 

“USF had obligations created by federal law, contracts, industry standards, common law, and privacy representations made to Plaintiff and Class Members, to keep their PII confidential and to protect it from unauthorized access and disclosure,” per the claim.

Those legal violations listed in the class action lawsuit include USF’s compliance with the Health Information Portability and Accountability Act (“HIPAA”), which requires health care providers to ensure patient confidentiality and privacy of their records and health information.

The lawsuit alleges that since fertility clinics like SHER use its services, USF is bound to the same HIPAA requirements for patient protection.

Some of the information exposed in the breach includes names, dates of birth, addresses, Social Security numbers, driver’s license, state ID numbers, passport numbers, medical diagnoses, medical records, health insurance claims information, credit and debit card information, and financial account information.

“USF did not have a sufficient process or policies in place to prevent such a cyberattack, which is evident by its own statements after the Data Breach,” the class action lawsuit asserts.

Leonard argues federal and state laws, along with industry standards and USF’s own policies, require better protection of patient data. 

Leonard is seeking to form a Class of members living in New York who’ve been affected by the U.S. Fertility data breach.

Formally, the class action lawsuit accuses U.S. Fertility of negligence and breach of fiduciary duty. 

Have you done business with U.S. Fertility? Does your fertility clinic use U.S. Fertility services? Has your personal information ever been exposed in a data breach? Let us know in the comments below. 

Counsel representing the plaintiffs is Jason T. Brown of Brown, LLC.

The U.S. Fertility Data Breach Class Action Lawsuit is Leonard, et al. v. US Fertility, LLC, Case No. 1:21-cv-00835, in the U.S. District Court for the Eastern District of New York. 

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