Electromed data breach $825K class action settlement

Electromed agreed to a $825,000 settlement to resolve claims surrounding a June 2021 ransomware data breach.

The settlement benefits individuals who were affected by the Electromed data breach and who received a data breach notification letter.

The settlement includes a subclass of affected individuals from California.

In June 2021, Electromed discovered a ransomware attack that compromised the information of customers, employees and third-party contractors. According to the data breach class action lawsuit, Electromed negligently failed to protect this data through reasonable cybersecurity measures.

Electromed is a medical device company headquartered in Minnesota. The company markets the SmartVest Airway Clearance System and other products.

Electromed hasn’t admitted any wrongdoing but agreed to an $825,000 class action settlement to resolve these data breach allegations.

Under the terms of the Electromed settlement, class members can receive reimbursement for ordinary and extraordinary data breach expenses. 

The settlement allows for up to $250 for ordinary expense reimbursement, including bank fees, communication charges and up to four hours of lost time at a rate of $25 per hour. 

The settlement allows for higher payments of $5,000 for extraordinary data-breach losses including documented, unreimbursed monetary losses.  

Class members can also receive a cash payment, regardless of any data breach-related expenses. All class members are eligible for a $30 payment, while California subclass members can instead receive a $100 payment. These payment amounts may be increased or decreased on a pro rata basis based on the number of claims filed.

The deadline for exclusion and objection is Jan. 3, 2023.

The final approval hearing for the settlement is scheduled for June 5, 2023.

To receive settlement benefits, class members must submit a valid claim form by April 1, 2023.

Who’s Eligible

Individuals who were affected by the Electromed data breach and who received a data breach notification letter

Potential Award

Up to $5,350

Proof of Purchase

Documentation of data breach-related expenses.

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

04/01/2023

Case Name

Lutz, et al. v. Electromed Inc., Case No. 0:21-cv-02198-KMM-DTS, in the U.S. District Court for the District of Minnesota

Final Hearing

06/05/2023

Settlement Website

ElectromedDataSettlement.com

Claims Administrator

Electromed Data Breach Settlement
Settlement Administrator
P.O. Box 2006
Chanhassen, MN 55317-2006
info@ElectromedDataSettlement.com
855-518-4168

Class Counsel

Bryan L Bleichner
Christopher Renz
CHESTNUT CAMBRONNE PA

Nathan D Prosser
HELLMUTH & JOHNSON PLLC

Terence R Coates
Dylan J Gould
MARKOVITS STOCK & DEMARCO LLC

Defense Counsel

Brooke D Anthony
Daniel Hall
ANTHONY OSTLUND LOUWAGIE DRESSEN & BOYLAN PA

Alfred J Saikali
Tammy B Webb
Elisabeth A Hutchinson
SHOOK HARDY & BACON LLP