East River Medical Imaging Data Breach Lawsuit Resolved with $1.85M Settlement; Official Settlement Website Is Live
Guarnaschelli et al. v. East River Medical Imaging, P.C.
Filed: December 5, 2023 ◆§ 656099/2023
ERMI has agreed to pay $1.85 million to resolve a class action that alleged negligent cybersecurity on the New York medical center’s part resulted in a 2023 data breach.
East River Medical Imaging, P.C. (ERMI) has agreed to pay $1.85 million to resolve a proposed class action lawsuit that alleged negligent cybersecurity on the New York medical center’s part resulted in a breach of private patient and employee data between August 31 and September 20, 2023.
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The official website for the ERMI data breach class action settlement is live and can be found at EastRiverSettlement.com.
The deal, which was granted preliminary approval by the court on June 24, 2024, covers all United States residents whose personal information was compromised in the data breach disclosed by ERMI in November 2023, including those who were sent notice of the incident.
Related Reading: 600K People Impacted by 2023 East River Medical Imaging Data Breach, Lawsuit Says
To receive a payment from the $1,850,000 settlement fund, class members must file a claim form online or by mail by October 22, 2024.
To submit a claim online, head to this page. You may also download a PDF claim form or contact the settlement administrator to request a paper copy to print and return by mail.
In order to file a claim, you will need the unique Notice ID and Confirmation Code found on the personalized notice you may have received in the mail. The settlement website notes that consumers can reach out to the settlement administrator if they did not get a notice or lost it.
The website shares that eligible class members may submit a claim for one of two cash benefits. Firstly, a consumer can file a claim for reimbursement of documented losses incurred on or after August 31, 2023 that are “more likely than not” traceable to the data breach, up to $7,500 per person. Alternatively, a class member can submit a claim for a pro-rated cash payment.
Individual payment amounts are still unknown and will increase or decrease depending on the number of valid claims that are submitted, the website notes.
In addition to a choice between the aforementioned cash benefits, the ERMI settlement will provide class members with the chance to claim one year of credit monitoring and insurance services.
Finally, as part of the deal, ERMI has also agreed to implement enhanced cybersecurity measures in response to the data breach.
The parties now await a final approval hearing for the ERMI data breach settlement on October 22, 2024 in New York. Benefits will be issued to eligible class members if the court grants final approval to the deal, and after any objections are resolved.
The ERMI data breach lawsuit claimed the practice failed to prevent the 2023 cyberattack, during which an unauthorized third party gained access to ERMI’s computer network and may have copied certain documents that contained sensitive patient and employee information.
According to the data breach suit, the incident may have compromised current and former patients’ names, contact information, insurance data, medical exam and procedure details, referring physician information, imaging results and Social Security numbers.
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