Quest Diagnostics Class Action Filed Over Massive Data Breach

A class action lawsuit alleges that Quest Diagnostics failed to protect the personal information of 11.9 million patients in a data breach that occurred for seven months.

Lead plaintiff Paula Worthey claims that Quest Diagnostics, along with the American Medical Collection Agency and Optum 360 Services, allowed hackers access to sensitive customer information from August 2018 until March 2019.

Further, the Quest Diagnostics class action states that the company failed to let those affected by the breach know that their personal information had been compromised.

“Quest apparently allowed hackers to access Plaintiff’s and other Class Members’ Sensitive Information for some seven months, and did nothing to let the victims know about the Data Breach for nearly a year after it began,” alleges the Quest class action lawsuit.

Quest Diagnostics offers medical testing services nationwide. The plaintiff says Quest is a world leader in that arena.

According to the Quest Diagnostics data breach class action, Quest admitted in a financial filing that its billing service, American Medical Collection Agency, had notified it of a data breach affecting 11.9 million patients.

The breach reportedly exposed patients’ financial, medical, and personal information, including credit card numbers and Social Security numbers.

The Quest data breach class action lawsuit contends that the company has extra obligations to protect its patients’ information. Specifically, the Health Information Portability and Accountability Act, or HIPAA, requires Quest and other health providers to protect patients’ confidentiality.

In that vein, Quest provides patients with a “Notice of Privacy Practices,” confirming that the company is subject to HIPAA requirements.

In addition, says the plaintiff, Quest Diagnostics told consumers that it would protect their sensitive information.

“Indeed, Quest promises patients that it will keep their Sensitive Information confidential, assuring patients that it is ‘committed to protecting the privacy of your identifiable health information,’” alleges the Quest Diagnostics class action lawsuit.

The plaintiff accuses Quest Diagnostics of failing to provide adequate data security, especially in light of substantial increases in hacking attacks on those in the medical industry.

As a result of the Quest Diagnostics data breach, the plaintiff says that she and others are at risk of identity theft and fraud.

“With access to an individual’s Sensitive Information, criminals can do more than just empty a victim’s bank account—they can also commit all manner of fraud, including: obtaining a driver’s license or official identification card in the victim’s name but with the thief’s picture; using the victim’s name and SSN to obtain government benefits; or, filing a fraudulent tax return using the victim’s information,” states the Quest Diagnostics class action.

“In addition, identity thieves may obtain a job using the victim’s SSN, rent a house, or receive medical services in the victim’s name. Identity thieves may even give the victim’s personal information to police during an arrest, resulting in an arrest warrant being issued in the victim’s name.”

The Quest class action lawsuit alleges that victims of data breaches are likely to suffer identity theft and will also face the costs of dealing with the theft. Costs include actual financial theft as well as damage to their credit report. Further, victims of data breaches must spend a substantial amount of their time dealing with fall out from identity theft and fraud.

The plaintiff is represented by Russell Yankwitt and Michael H. Reed of Yankwitt LLP and Tina Wolfson, Brad King, and Theodore W. Maya of Ahdoot & Wolfson PC.

The Quest Diagnostics Data Breach Class Action Lawsuit is Worthey v. American Medical Collection Agency Inc., et al., Case No. 7:19-cv-05210, in the U.S. District Court for the Southern District of New York.

The TCA AMCA Data Breach Investigation is now open! If you were a patient at LabCorp, Quest, or another lab, and received notice that you were affected, submit your information here.

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