Medical Device Maker LivaNova Failed to Prevent October 2023 Data Breach, Class Action Lawsuit Says

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A proposed class action lawsuit has been filed over an October 2023 cyberattack on Houston-based LivaNova USA, Inc. that reportedly exposed the personal data of roughly 180,000 current and former patients.

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According to the 64-page LivaNova data breach lawsuit, the medical device manufacturer discovered a cybersecurity incident in November 2023 that disrupted parts of the company’s IT systems. The case says that as a result of the cyberattack—which had reportedly occurred weeks earlier, on October 26—an unauthorized third party gained access to patients’ full names, dates of birth, Social Security numbers, contact details, medical information and health insurance data.

The data breach suit alleges that LivaNova recklessly maintained the sensitive information in its care despite its legal obligations and promises to protect patient confidentiality. Indeed, the complaint charges that the “foreseeable and preventable” incident stemmed directly from LivaNova’s inadequate cybersecurity.

The filing takes further issue with the defendant’s allegedly untimely and insufficient data breach notice letter. Per the lawsuit, the LivaNova notice letter—which the company only began to send to victims at the end of last month—failed to explain how cybercriminals gained access to the computer system, who was behind the cyberattack and what steps are being taken to secure information against future data breaches.

The case asserts that impacted patients now face an ongoing risk of fraud, identity theft and other illegal schemes as a result of the theft of their confidential data.

The lawsuit looks to represent anyone in the United States whose private information was accessed and/or acquired by an unauthorized third party as a result of the data breach reported by LivaNova in May 2024.

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