In re MCG Health Data Security Issue Litigation

A settlement has been reached in a class action lawsuit against MCG Health, LLC (“Defendant” or “MCG”) for a data security incident involving MCG. On or about March 25, 2022, MCG determined that an unauthorized party apparently accessed MCG’s systems (“Data Incident”) and previously obtained certain personally identifiable information and protected health information (collectively, “Personal Information”). While the date the Data Incident occurred is unknown, there is evidence to suggest the data may have been acquired by an unauthorized party in February 2020. The Personal Information acquired or accessed by the unauthorized party includes some or all of the following data elements: patient names, genders, telephone numbers, addresses, email addresses, dates of birth, Social Security Numbers, and medical code information. MCG and certain of its customers (i.e., health care providers or health plans) notified certain individuals that their Personal Information may have been the subject of the Data Incident.

You are a “Settlement Class Member” if your Personal Information was accessed or acquired during the Data Incident.

If you are a Settlement Class Member, you may file a Claim Form to receive 1) reimbursement for documented Ordinary Losses; 2) reimbursement for documented Extraordinary Losses OR 3) an alternative cash payment; and 4) credit monitoring:

o   Documented Ordinary Losses – Up to $1,500 in reimbursement for documented out-of-pocket expenses fairly traceable to the Data Incident.

o   Documented Extraordinary Losses – Reimbursement for documented Extraordinary Losses resulting from the Data Incident, up to $10,000.

o   Credit Monitoring – Three years of three-bureau credit monitoring through Kroll Credit Monitoring in addition to documented Ordinary Losses, documented Extraordinary Losses or the alternative cash payment. 

Please Note: Claims for documented Ordinary Losses will be limited to $1,500 combined. Claims for documented Extraordinary Losses will be limited to $10,000. All cash payments may be adjusted pro rata depending on the number of Settlement Class Members that participate in the settlement.

o   Alternative Cash Payment – A pro rata (a legal term meaning an equal share) payment from the net Settlement Fund, which is $8,800,000 minus payment of Administrative Costs of the settlement including the costs of the Notice Program and Claims Administration, Attorneys’ Fees and Expenses of up to $2,930,000, Service Awards of up to $2,500 for each to the Representative Plaintiffs, and payments for claims for Ordinary Losses and Extraordinary Losses. Note that if these costs of the settlement, fees, awards and claims exceed the Settlement Fund, individuals selecting this option may not receive any payment.

The Notice may affect your rights. Please read it carefully.

These rights and options—and the deadlines to exercise them—are explained in the Notice. 

The Court in charge of this case must still decide whether to approve the settlement and the requested Attorneys’ Fees and Expenses Award. No settlement benefits or payments will be provided unless the Court approves the settlement, and it becomes Final.