Class action alleges Massachusetts hospital responsible for December data breach

Massachusetts hospital class action overview:

• Who: Plaintiff Gary Cobozzi filed a class action lawsuit against Anna Jaques Hospital in Newburyport, Massachusetts.
• Why: The Massachusetts hospital allegedly failed to adequately protect patients’ sensitive personal and health information.
• Where: The hospital data breach class action lawsuit was filed in Massachusetts trial court.

Anna Jaques Hospital in Massachusetts failed to adequately protect sensitive health information, leaving it vulnerable to a December data breach, according to a hospital class action lawsuit.

The Anna Jaques Hospital data breach reportedly took place in late December when cybercriminals allegedly obtained access to the Massachusetts hospital’s systems, which stored patients’ highly confidential protected health information (PHI) and personally identifiable information (PII).

The precise number of individuals whose information was stolen in the data breach isn’t known, but it is estimated to be tens of thousands or even hundreds of thousands, according to plaintiff Gary Cabozzi’s complaint.

PHI includes a person’s medical history and records and is protected under the Health Insurance Portability and Accountability Act (HIPAA), the class action lawsuit explains.

PII, such as Social Security numbers and birth dates, is considered particularly sensitive information because it can be used to commit identity theft or fraud. 

Anna Jaques Hospital data breach puts patients at risk of identity theft and fraud, plaintiff says

Cabozzi says he provided Anna Jaques Hospital with highly sensitive health and personal information in order to obtain health care services. He says he was not aware that his information may have been compromised until news outlets began reporting on the data breach.

Now, Cabozzi says he must spend time mitigating the damage from the hospital data breach and protecting himself from potential identity theft and fraud.

“Plaintiff has suffered imminent and impending injury arising from the substantially increased risk of fraud, identity theft and misuse resulting from their PHI/PII, in combination with their name, being placed in the hands of unauthorized third parties/criminals,” the Massachusetts hospital class action says.

Cabozzi claims he is also suffering from increased anxiety over concerns his PII and PHI may be in the hands of cybercriminals. He filed the class action lawsuit on behalf of himself and others whose PHI and PII were exposed to unauthorized third parties due to the hospital data breach.

The class action lawsuit asserts claims for negligence, breach of implied contract, unjust enrichment and breach of the implied covenant of good faith and fair dealing.

Last year, East Tennessee Children’s Hospital agreed to pay $1.55 million to settle another hospital data breach class action lawsuit.

Were you affected by the Anna Jaques Hospital data breach? Tell us what you think about this hospital class action lawsuit in the comments.

Cabozzi is represented by James J. Reardon of Reardon Scanlon LLP and Kevin Laukaitis of Laukaitis Law LLC.

The hospital data breach class action lawsuit is Gary Cabozzi v. Anna Jaques Hospital, Case No. 2477CV00068, in the Trial Court of Massachusetts, Superior Court Department, Essex County.

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