Nebraska Medicine Data Breach Class Action Settlement

NEBRASKA MEDICINE DATA BREACH SETTLEMENT UPDATE:

• The Court granted final approval to the Nebraska Medicine class action settlement Sept. 15, 2021.
• Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Nebraska Medicine has agreed to a class action settlement benefiting those whose Social Security numbers and other personal information may have been accessed during a 2020 data breach.

The Class includes anyone who received a mailed notification that their personally identifiable information was potentially accessed as a result of the Nebraska Medicine data incident that occurred between Aug. 27 and Sept. 20, 2020.

The Credit Monitoring Subclass includes those who were mailed a notification that their Social Security or driver’s license number was potentially accessed during the data incident.

A Nebraska Medicine class action lawsuit had alleged the health network failed to properly safeguard Class Members’ personal information, allowing a third party to access the defendant’s computer systems and patients’ medical records and other sensitive data. 

The Nebraska Medicine health network covers the metropolitan Omaha, Nebraska, and includes more than 1,000 doctors and nearly 40 health centers, according to its website.

Nebraska Medicine denies all allegations of wrongdoing, but has agreed to the settlement. The Court has not ruled in favor of either party.

Nebraska Medicine Data Breach Settlement Benefits

Class Members in the Nebraska Medicine class action settlement may file a claim for several types of relief.

Documented out-of-pocket expense reimbursement: Class Members may be eligible for up to $300 in reimbursement for out-of-pocket expenses related to the data incident, such as unreimbursed bank fees, long-distance or cellphone charges, postage, fuel for local travel, and more. Class Members must include the necessary supporting documentation with this type of claim.

Lost-time reimbursement: In addition, Class Members also are eligible to be reimbursed $20 per hour for up to six hours of time lost to dealing with the data breach, if at least one full hour was spent. Class Members may receive up to three hours of lost time if they attest the time lost was spent dealing with the data breach and provides a written description of how the lost time was related to the breach. Class Members also may receive compensation for up to three hours of lost time if they submit documentation showing the time spent (such as employment records showing time taken off work to deal with the incident). Lost-time reimbursement claims can be combined with out-of-pocket expense reimbursement claims and are subject to a $300 maximum. Claims for any time lost in excess of three hours must be submitted with supporting documentation.

Documented extraordinary loss reimbursement: This type of claim, not to exceed $3,000 per Class Member, covers actual, unreimbursed, documented monetary losses likely caused by the Nebraska Medicine data breach and that occurred between Aug. 27, 2020, and the claim deadline. The amounts in these claims must not already be covered by any other category in the settlement. Documentation must be provided indicating the Class Member has made a reasonable effort to avoid or seek reimbursement for the loss, including exhausting credit monitoring and identity theft insurance.

Credit monitoring for Credit Monitoring Subclass Members: Credit Monitoring Subclass Members will be automatically provided one year of additional credit monitoring services. This is in addition to any credit monitoring previously offered by Nebraska Medicine or the University of Nebraska Medical Center following the data incident. No claim form is required for this benefit.

In addition to the monetary relief, Nebraska Medicine has agreed to implement certain security measures and enhancements. These measures will remain in place through Dec. 31, 2022.

A final fairness hearing in the Nebraska Medicine data breach settlement is scheduled for Sept. 15, 2021.

The deadline to request exclusion from or object to the settlement is Sept. 7, 2021.

The deadline to file a claim is Oct. 4, 2021.

Who’s Eligible

• Class includes anyone who received a mailed notification that their personally identifiable information was potentially accessed as a result of the Nebraska Medicine data incident that occurred between Aug. 27 and Sept. 20, 2020.
• Subclass includes those who were mailed a notification that their Social Security or driver’s license number was potentially accessed during the data incident.

Potential Award

$3,600

Proof of Purchase

• Documented out-of-pocket expense reimbursement claims: Copy of a bank statement, credit card statement. or other proof of the fees or charges.
• Lost-time reimbursement: A written description of how the claimed lost time was spent related to the Data Incident. Over three hours must include reasonable supporting documentation of the time spent.
• Documented extraordinary loss reimbursement: Copy of a bank statement, credit card statement, or other proof of the fees or charges. 
• Credit monitoring for Credit Monitoring Subclass Members: No claim form is required for this benefit.

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

10/04/2021

Case Name

Chacon et al. v. Nebraska Medicine, Case No. 8:21-cv-00070-RFR-CRZ in the U.S. District Court for the District of Nebraska

Final Hearing

09/15/2021

Settlement Website

NebraskaSettlement.com

Claims Administrator

Kroll Settlement Administration
Chacon v. Nebraska Medicine
c/o Claims Administrator
PO Box 8517
Philadelphia, PA 19101-8517
844-367-8806

Class Counsel

Gary M. Klinger
MASON LIETZ & KLINGER LLP

Defense Counsel

Casie D. Collignon
Mattew D. Pearson
BAKER & HOSTETLER LLP