Florida Orthopaedic Institute data breach $4M class action settlement

The Florida Orthopaedic Institute agreed to pay $4 million to resolve class action lawsuit claims it failed to protect consumers in a 2020 data breach.

The settlement benefits current and former patients of the Florida Orthopaedic Institute who were sent a letter in June 2020 notifying them that their information may have been compromised as part of a data breach.

The Florida Orthopaedic Institute, operated by the Musculoskeletal Institute, serves Florida communities by providing orthopedic visits, treatments and surgeries. In 2021, the institute reportedly performed over 23,000 surgeries and saw more than 229,000 patient visits, according to the provider’s website.

In June 2020, the Florida Orthopaedic Institute started to inform around 640,000 patients their information was potentially compromised by a data breach, according to HIPAA Guide. The attack, which occured in April 2020, reportedly occurred after hackers gained access to a server containing protected health information. 

According to the Florida Orthopaedic Institute, hackers may have gained access to names, birth dates, Social Security numbers, medical information, insurance data and other sensitive health data.

Affected consumers quickly took legal action against the company, seeking compensation for their compromised data. Plaintiffs in the class action lawsuit claim the Florida Orthopaedic Institute should have better protected their information and prevented the data breach.

“As a result of Defendant’s failure to implement and follow basic security procedures Plaintiffs’ and Class Members’ PII is now in the hands of thieves and unknown criminals,” the data breach class action lawsuit contends. “Plaintiffs and Class Members now face a substantial increased risk of identity theft.” 

The Florida Orthopaedic Institute hasn’t admitted any wrongdoing but agreed to pay $4 million to resolve these allegations.

Under the terms of the settlement, class members can receive a cash payment for out-of-pocket loss reimbursement and lost time. Out-of-pocket expenses covered by the settlement include unreimbursed fraud or identity theft costs, professional fees, credit monitoring expenses, credit freezing costs and other expenses. 

Class members can claim up to $15,000 for out-of-pocket expenses. Class members can also claim up to five hours of lost time at $25 per hour.

The settlement also provides three years of identity restoration services through Aura. Class members can also receive identity theft Protection Services through Aura’s Identity Guard Total, which typically retails at $196 per person and includes $1 million in identity theft insurance, credit bureau reports and other features. 

Parents or guardians of minors affected by the Florida Orthopaedic Institute data breach can enroll their child in three years of Aura’s Minor Monitoring Services which provides similar benefits.

The deadline for exclusion and objection was July 26, 2022. 

The final approval hearing for the settlement is scheduled for Sept. 29, 2022.

In order to receive benefits from the settlement, class members must submit a valid claim form by Sept. 16, 2022.

Who’s Eligible

The settlement benefits current and former patients of the Florida Orthopaedic Institute who were sent a letter in June 2020 notifying them that their information may have been compromised as part of a data breach.

Potential Award

Cash payment and identity theft protection services.

Proof of Purchase

Supporting documents such as receipts, bills and invoices from accountants, lawyers or others.  

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

09/16/2022

Case Name

Stoll et al. v. Musculoskeletal Institute, Case No. 8:20-cv-01798-CEH-AAS, in the U.S. District Court for the Middle District of Florida

Final Hearing

09/29/2022

Settlement Website

FLOrthoSettlement.com

Claims Administrator

Stoll v. FOI Settlement Administrator
P.O. Box 5598
Portland, OR 97228-5598
info@FLOrthoSettlement.com
855-604-1869

Class Counsel

John A Yanchunis
Ryan J McGee
Patrick A Barthle II
MORGAN & MORGAN COMPLEX LITIGATION GROUP

William ‘Billy’ Peerce Howard
Amanda J Allen
THE CONSUMER PROTECTION FIRM

Defense Counsel

Alan Rosenthal
Natalie J Carlos
Aaron S Weiss
Patricia M Carreiro
Joseph W Swanson
CARLTON FIELDS PA