Broward Health Faces Data Breach Class Action Lawsuit

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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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