Anne Bucher  |  January 12, 2022

Category: Data Breach

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Broward Health Medical Center North in Pompano
(Photo Credit: YES Market Media/Shutterstock)

Broward Health Data Breach Class Action Lawsuit Overview:

  • Who: Plaintiff Daniel Esterly filed the Broward Health class action lawsuit after being notified that he had been affected by a massive data breach.
  • Why: Esterly claims Broward Health failed to implement adequate safeguards, leaving sensitive patient information vulnerable to hacking.
  • Where: The Broward Health data breach class action lawsuit was filed in Florida federal court.

North Broward Hospital District d/b/a Broward Health is facing a class action lawsuit filed a week after the Florida-based healthcare system announced it had been affected by a massive data breach.

On Jan. 1, Broward Health reportedly disclosed that hackers had gained unauthorized access to its networks between Oct. 15 and Oct. 19, 2021, and that they accessed patients’ highly sensitive information, including names, birthdates, addresses, Social Security numbers, phone numbers, insurance information, financial and bank account information, insurance information, email addresses, driver’s license numbers and medical information.

More than 1.3 million Broward Health patients may be affected by the data breach.

Broward Health Allegedly Failed to Safeguard Sensitive Patient Information

Plaintiff Daniel Esterly alleges the Broward Health data breach occurred because the health care system failed to implement reasonable safeguards to protect patients’ personal identifiable information (PII) and failed to timely notify those affected by the data breach.

Due to Broward Health’s failure to safeguard the PII, patients affected by the data breach allegedly “now face a significant risk of medical-related identity theft and fraud, financial fraud and other identity-related fraud now and into the indefinite future,” the class action lawsuit says. 

Broward Health operates four hospitals and more than 30 South Florida health care facilities, according to the lawsuit. Broward Health patients are required to provide sensitive personal information when accessing health services, and this PII and protected health information (PHI) is allegedly stored on a centralized server.

Broward Health also maintains a “Notice of Privacy Practices for Protected Health Information” that describes how PII and PHI is used and disclosed, and requires third-parties who perform services on behalf of Broward Health to sign a “Confidentiality and Data Security Agreement” that requires them to safeguard patients’ PII and PHI.

Third-Party Medical Provider Allegedly Committed Broward Health Data Breach

The data breach class action lawsuit alleges Broward Health failed to abide by its own data security practices. Broward Health’s investigation allegedly determined that the data breach was the result of a third-party medical provider who had permission to access the system to provide healthcare services.

Esterly claims that Broward Health failed to implement industry-standard measures that would have protected PII and PHI, measures that are particularly important given the type and amount of sensitive personal data they collect

He also claims that Broward Health has a history of corruption “that calls into question its commitment to and investment in patient care,” pointing to settlements with the State of Florida over allegations of Medicaid fraud and an illegal kickback scheme.

Were you affected by the Broward Health data breach? Tell us your thoughts in the comments section below!

Esterly is represented by Julie Braman Kane of Colson Hicks Eidson and by Norman E. Siegel and J. Austin Moore of Stueve Siegel Hanson LLP.

The Broward Health Data Breach Class Action Lawsuit is Daniel Esterly v. North Broward Hospital District d/b/a Broward Health, Case No. 0:22-cv-60055-WPD, in the U.S. District Court for the Southern District of Florida.


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29 thoughts onBroward Health Faces Data Breach Class Action Lawsuit

  1. Lynn Bodurka says:

    I have been also affected please add me to this lawsuit

  2. Christopher Clay says:

    I have had one Bank account closed with Wells Fargo they returned my money stating they weren’t sure why this happened so when I tried to reopen my account They said their is a security freeze on your information with all Experian.I also tried to put the code in to sign up for the free credit monitoring service and it didn’t work.Since thenI have tried to open an account with bank of America and they denied me as well so whoever screw up this is has totally affected my ability to maintain a relationship with any reputable bank.

  3. Ellen Morales says:

    I received a letter from Broward Health stating both my husband as well as myself have had our information breached!! I am very concerned and I want to join the class action lawsuit. Please advise me how to go about doing this!! Thank You.

  4. JOG says:

    I recieved a letter my data had been breached and was supposed to get “free” credit monitoring from Experian with a code. I tried to enter the code and it was invalid. I call the number on the letter in April 2022 and to this day after several attempts to contact someone all of my messages went unanswered. The letter gave a “have to register” by date or you are not eligible for monitoring.
    I am needing to relocate to another state and received a phone call yesterday May 18th wanting to know about information that was on my credit report concerning my address. I didn’t list this address because I have never lived in Broward. I was visiting and had to be admitted to the hospital. Needless to say, now I am having to show proof of my current 20 year address because this and it is holding up my move. I don’t know what else is on my Experian report and now I am paying Experian. I have also been receiving loan offers from Broward county. Never dawned on me it was because my information had been leaked.

  5. Z Rosenblum says:

    My info was compromised by this breach, I received a letter from Broward health regarding this. Please advise me how to join this class action. Thank you

    1. Ashley Macleod says:

      I’d like to know the same

    2. mark Gaurrich says:

      I need to know more information also. My information was stolen and has been used fraudulently several times. Just recently yesterday.

  6. oliver hill says:

    My social security # is now on the black web due to this data breach! Sign me up please!

  7. Charles E Robinson says:

    I have been severely affected by this breech, Broward Health North. I got their letter of apology recently. I had been in that Hospital for 12 days over 2 stays. I have had a long recovery and had to move back North to Connecticut from Deerfield Beach FL after I left the Broward Health North. I had multiple operations to save my life from Septicemia, Heart Attack and Urinary Tract infection. During the month of February, I have had my bank account stolen, my credit cards frozen, my checking account stopped, my cell phone compromised, my home phone compromised, billed separately by one of the physicians who treated me (I believe I had 12 different physicians who treated me during my stay at Broward Health North and South. Medicare paid about $250,000. I have had to stop, freeze, change all of my accounts. My Social Security checks had to be stopped and numbers changed for protection. My life as been hell!
    I have been so busy that I have only today had a chance to read Top Class Actions, a favorite read of mine. I have had little time for living. The episode took a big chunk out of my life. I hope that the settlement can go quicker as I am 75. My spouse is 67 and has born the burden.

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