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SuperCare Health has agreed to a $2.25 million class action lawsuit settlement benefiting a nationwide class and California subclass of patients to resolve claims the home health service failed to protect their personally identifiable information from being exposed during a July 2021 data breach incident.
The class action settlement will benefit a nationwide class and California subclass of SuperCare patients whose personally identifiable information was kept on SuperCare’s system that was compromised during the July 2021 data breach, and who were sent a notice about the incident.
A group of patients argued SuperCare was negligent and reckless by allegedly failing to employ adequate safeguards to protect their data, and by allegedly failing to notify them about the data breach in a timely manner.
The patients accused SuperCare of negligence, negligent misrepresentation and breach of contract, and of violating the Federal Trade Commission Act and California’s Confidentiality of Medical Information Act.
SuperCare is a home health care service based in Glendale, California. It claims to be “the leading post-acute, in-home respiratory care provider in the Western U.S.” while targeting individuals with high-risk respiratory diseases who want or need in-home care.
The data breach, meanwhile, exposed the personally identifiable information and personal health information records belonging to 318,379 patients, according to the SuperCare class action.
The proposed SuperCare Health data breach settlement will provide two tiers of monetary payments.
California subclass members can elect to choose Tier 1 benefits to receive a cash payment of $100.
Nationwide class members and California subclass members who elect to claim Tier 2 benefits will be able to claim up to $2,500 for reimbursement of out-of-pocket expenses incurred as a result of the data breach.
The Tier 2 benefits include reimbursement for up to four hours of time spent dealing with problems arising from the data breach, at a rate of $25 per hour.
All eligible class members will also be able to claim one free year of three-bureau credit monitoring, which will include up to $1 million in fraud insurance coverage.
In order to file a claim, eligible class members can either complete an online claim form or obtain a physical claim form by either downloading it or contacting the claims administrator at 1-877-558-1277.
Individuals who choose to submit a paper claim may either submit it and any supporting materials by email or by mailing them to SuperCare claims administrator.
The deadline for class members to exclude themselves from or object to the settlement is June 5, 2023.
The final hearing date for the proposed SuperCare Health data breach class action lawsuit settlement is Aug. 28, 2023.
Individuals who want to make a claim must submit a valid claim form by July 5, 2023.
Who’s Eligible
A nationwide class and California subclass of SuperCare patients who had their personally identifiable information maintained on the company’s system that was compromised during a July 2022 data breach, and who received a notice about the incident.
Potential Award
Up to $2,500
Proof of Purchase
Documentation of unreimbursed out-of-pocket expenses, including the approximate date and amount of the loss, and a description of the loss if it is not apparent from the documentation.
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
07/05/2023
Case Name
Retsky, et al. v. Super Care Inc. d/b/a SuperCare Health, Case No. 22STCV16267, in the Superior Court of the State of California for the County of Los Angeles
Final Hearing
08/28/2023
Settlement Website
Claims Administrator
SuperCare Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
info@SuperCareDataIncidentSettlement.com
877-558-1277
Class Counsel
Gary M Klinger
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
Yitzchak Kopel
BURSOR & FISHER PA
Jean Sutton Martin
MORGAN & MORGAN COMPLEX LITIGATION GROUP
Defense Counsel
James Monagle
MULLEN COUGHLIN LLC
Justin M Holmes
MULLEN COUGHLIN LLC
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