The agreement would settle a lawsuit that originally focused on photos of cancer patients who received treatment and had their photos published by hackers. Court documents state roughly 135,000 people had their personal information accessed, and all are eligible for some money from the settlement.
This data breach happened Feb. 22, 2023. The settlement states a group called BlackCat published information on the dark web. The network has not admitted fault in the data breach.
What does this mean for LVHN patients?
The network on Sept. 4 contacted those affected by the data breach. Affected members have been placed into one of four different tiers of relief.
What are the relief tiers?
Those in the first tier will receive a pro-rated payment. Those included in this tier may also submit a claim for out-of-pocket losses of up to $5,000. About 11%, of $7,150,000 of the settlement, is allocated for that tier.
The second tier is for those whose sensitive medical diagnosis information or sensitive employment data was published to the dark web. They will receive a pro-rated payment. LVHN has allocated about 2%, or $1,300,000 of the settlement, for this tier.
The third tier provides pro-rated payment to those whose images were published on the dark web but do not qualify as nude. The network allocated about 7%, or $1,300,000 of the settlement fund, for it.
Those in the fourth tier are those whose nude images were published on the dark web. They will also receive a pro-rated payment. This tier has the highest allocation of funds, about 80%, or $52,000,000 of the settlement fund.
Affected people may be included in multiple tiers.
Can patients opt out?
Patients may opt out of the settlement, but they will not receive any payment. They may bring an individual lawsuit against LVHN, according to the network.
Can patients object to the settlement?
Patients may object to the settlement by submitting a written comment to the court and copies of the objection to the settlement administrator and counsel. Objections must be postmarked by Oct. 21.
More information on that may be found at lvhndatabreachsettlement.com.
Those who object can not opt-out and vice versa.
What happens if a patient does nothing?
If the court approves the settlement and an affected party does nothing, they will receive payment. They need to submit a claim to recover any out-of-pocket losses though, according to LVHN.
How can a patient file a claim?
Claims can be filed online at lvhndatabreachsettlement.com.
Forms for claims may also be printed from the website. All claims must be submitted by Nov. 3.
When is the final approval hearing for the settlement?
Nov. 15.
Where can be more information be found?
Outside of the settlement website, people may contact the claims administrator at info@LVHNDataBreachSettlement.com or 1-877-399-3230.
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