Frequently Asked Questions

The Court authorized a Notice to inform you about a proposed settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. You may be eligible to receive a cash payment, identity-theft protection and credit monitoring as part of the settlement.  The Notice explains the lawsuit, the settlement, and your legal rights.

Judge Maren E. Nelson of the Superior Court of the State of California, County of Los Angeles is overseeing this class action. The case is called Franchi, et al. v. Barlow Respiratory Hospital, Case No. 22STCV09016.

Rudolph Franchi and Carlos Aragon are the Representative Plaintiffs or settlement Class Representatives. The company they sued, Barlow Respiratory Hospital, is the Defendant.

The Plaintiffs claim that Defendant experienced a targeted cyberattack and data breach that allowed access to Defendant’s computer systems and data, which resulted in the compromise of personal identifiable information and protected health information belonging to current and former patients, as well as employees and physicians. 

Defendant denies that it is or can be held liable for the claims made in the lawsuit. More information about the complaint in the lawsuit and Defendant’s responses can be found in the “Documents” section of the settlement website.

You are part of the settlement as a Settlement Class Member if your personal information was compromised in the Data Incident suffered by the Barlow Respiratory Hospital on or about August 27, 2021. Eligible Settlement Class Members will have been mailed notice of their eligibility and Settlement Class membership will be verified against that mailed list. If you are still not sure whether you are included, you can contact the Claims Administrator by calling toll-free at (833)-462-3511 or by visiting the "Contact" section of the settlement website.

This Settlement Class does not include: Barlow and Barlow’s parents, subsidiaries, affiliates, officers and directors, and any entity in which Barlow has a controlling interest; (ii) all individuals who make a timely election to be excluded from this proceeding using the correct protocol for opting out; (iii) the attorneys representing the Parties in the Litigation; (iv) all judges assigned to hear any aspect of the Litigation, as well as their immediate family members; and (v) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident, or who pleads nolo contendere to any such charge. 

The settlement provides reimbursement for the following documented out-of-pocket losses and lost time, if not already reimbursed through any other source and caused by the Data Incident, not to exceed three hundred dollars ($300) per Settlement Class Member: (i) unreimbursed costs to obtain credit reports; (ii) unreimbursed fees relating to a credit freeze; (iii) unreimbursed card replacement fees; (iv) unreimbursed late fees; (v) unreimbursed over-limit fees; (vi) unreimbursed interest on payday loans taken as a result of the Data Incident; (vii) unreimbursed bank or credit card fees; (viii) unreimbursed postage, mileage, and other incidental expenses resulting from lack of access to an existing account; (ix) unreimbursed costs associated with credit monitoring or identity theft insurance purchased prior to the Effective Date, with certification that it was purchased primarily as a result of the Data Incident; and (x) compensation for attested-to unreimbursed lost time spent monitoring accounts, reversing fraudulent charges, or otherwise dealing with the aftermath / clean-up of the breach, at the rate of twenty dollars ($20) per hour for up to five (5) hours, but only if at least one (1) full hour was spent.  Members of the Settlement Class must attest on the Claim Form to the time spent. No documentation other than a verified description of their actions shall be required for members of the Settlement Class to receive compensation for attested time. The total of all amounts recovered under this shall not exceed $300 per Settlement Class Member.

Additionally, Barlow shall reimburse, as provided for below, each Settlement Class Member in the amount of his or her proven loss, but not to exceed five thousand dollars ($5,000) per claim (and only one claim per Settlement Class Member), for a monetary out-of-pocket loss that occurred as a result of the Data Incident if: (a) the loss is an actual, documented, and unreimbursed monetary loss; (b) the loss was substantially more likely than not caused by the Data Incident; (c) the loss occurred during the period from August 27, 2021, through and including the end of the Claims Deadline (d) the loss is not an amount already covered by one or more of the categories in the above paragraph, and (e) the claimant made reasonable efforts to avoid or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance. The total of all amounts recovered under this paragraph shall not exceed $5,000 per Settlement Class Member. Settlement Class Members with claims under this paragraph may also submit claims for benefits for documented out-of-pocket losses and lost time.

In addition to the above benefits, California Settlement Subclass Members are eligible for a separate, California statutory damages award. The amount awarded to California Settlement Subclass Members who submit a Valid Claim shall be one hundred twenty-five dollars ($125). To redeem this $125 benefit, California Settlement Subclass Members must submit a Claim Form and attest that they were a California resident at the time of the Data Incident about which they were notified by Barlow. 

Settlement Class Members are eligible to receive two (2) years of identity-theft protection and credit monitoring services, which includes three bureau credit monitoring and alerts. This is in addition to the credit monitoring services previously offered to individuals who were notified of the Data Incident. Settlement Class Members must affirmatively request identity-theft protection services by indicating such request on the Claim Form, and codes will be sent either to an e-mail address provided by the Settlement Class Members or, if they do not have an e-mail address, mailed to the address provided on the Claim Form. Protection and monitoring provided shall include, at a minimum:

a) Credit monitoring at one of the three major credit reporting agencies: Equifax, Experian or TransUnion;

b) Identity restoration and recovery services;

c) $1,000,000 identity theft insurance with no deductible.

Settlement Class Members can enroll for these identity protection and credit monitoring services whether or not they are eligible for a monetary recovery under this settlement.

To qualify for a settlement benefit, you must complete and submit a Settlement Claim Form. Settlement Class Members who want to submit a Settlement Claim must fill out and submit a Settlement Claim Form online through this website or by USPS mail. Settlement Claim Form are only available through this website.

Settlement Claims will be subject to a verification process. You will need the Class Member ID provided on the front of your Short Notice to fill out a Settlement Claim Form. All Settlement Claim Forms must be received online or postmarked on or before Claims Deadline April 23, 2024.

The hearing to consider the fairness of the settlement is scheduled for June 7, 2024, at 9 am. If the Court approves the settlement, eligible Settlement Class Members whose Settlement Claims were approved by the Claims Administrator will be sent payment after all appeals and other reviews, if any, are completed. Please be patient. Eligible claims will be paid to Settlement Class Members electronically unless a Settlement Class Member chooses to receive payment by written check. All checks will expire and become void 90 days after they are issued. If a check becomes void, the Settlement Class Member shall have until one hundred eighty days after the Effective Date to request re-issuance. 

Yes, the Court has appointed M. Anderson Berry and Gregory Haroutunian of Clayeo C. Arnold, Professional Law Corp., Bryan L. Bleichner of Chestnut Cambronne PA; Dylan J. Gould of Markovits, Stock & DeMarco, LLC; John J. Nelson of Milberg Coleman Bryson Phillips Grossman, PLLC; and Francesca Kester of Morgan & Morgan Complex Litigation Group. as “Plaintiffs’ Counsel” to represent the Settlement Class. 

You don’t need to hire your own lawyer because Plaintiffs’ Counsel is working on your behalf. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you, at your own cost, if you want someone other than Plaintiffs’ Counsel to represent you.

Plaintiffs’ Counsel has agreed to request, and Barlow has agreed to pay, subject to Court approval, the amount of three hundred ten thousand dollars ($310,000) to Plaintiffs’ Counsel for attorneys’ fees and costs and expenses. Plaintiffs’ Counsel, in their sole discretion, shall allocate and distribute the amount of attorneys’ fees, costs, and expenses awarded by the Court among Plaintiffs’ Counsel. The Defendant shall pay the Court-approved amount of attorney’s fees, costs, expenses and service awards to Representative Plaintiffs to an account established by Plaintiffs’ Counsel within 30 days after the entry of an order of Judgement, regardless of any appeal that may be filed or taken by and Settlement Class Member or third party. 

Plaintiffs’ Counsel will also request service award payments of up to $2,000 for each of the Representatives Plaintiff. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Plaintiffs’ Counsel and the proper amount of any service award to the Plaintiff Representatives. The Court may award less than the amounts requested. Whether the settlement will be finally approved does not depend on whether or how much the Court awards in attorneys’ fees, costs, and expenses or service awards. 

You can ask to be excluded from the settlement. To do so, you must send a letter stating: (1) the name of the proceeding, Franchi, et al. v. Barlow Respiratory Hospital Case No. 22STCV09016. (2) your full name; (3) your current address; (4) your personal signature; and (5) the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the settlement at the top of the communication. You must mail your exclusion request, postmarked no later than April 23, 2024, to the following address:

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

You cannot exclude yourself by phone or email. Each individual who wants to be excluded from the settlement must submit his or her own exclusion request. No group Opt-Outs shall be permitted.

If you do not exclude yourself from the Settlement Class, you can object to the settlement if you do not agree with any part of it. You can give reasons why you think the Court should deny approval of the settlement by filing an objection. The objection must be in writing and include (i) the objector’s full name, address, telephone number, and email address (if any); (ii) the case name and docket number, Franchi, et al. v. Barlow Respiratory Hospital, Los Angeles Superior Court Case No. 22STCV09016 (Lead), consolidated with Los Angeles Superior Court Case No. 22STCV17107; (iii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of original notice of the Data Incident or a statement explaining why the objector believes he or she is a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (v) the identity of all counsel representing the objector in connection with the objection; (vi) a statement whether the objector and/or his or her counsel will personally appear at the Final Approval Hearing; and (vii) the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative.

To be timely, written notice of an objection in the appropriate form must mailed, with a postmark date no later than Objection Date April 23, 2024, to Plaintiffs’ Counsel and to Barlow’s counsel as set forth below.  For all objections mailed to Plaintiffs’ Counsel and counsel for Barlow, Plaintiffs’ Counsel will file them with the Court with the Motion for Final Approval of the settlement:

The Court will hold the Final Approval Hearing on June 7, 2024, at 9 a.m. at the Los Angeles Superior Court, Spring Street Courthouse, 312 North Spring St., Los Angeles, CA 90012. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Plaintiffs’ Counsel for attorneys’ fees, costs, and expenses and the service award payments to the Representative Plaintiffs.

Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted to this settlement website, or through the Court’s publicly available docket. You should check this settlement website to confirm the date and time have not been changed.

The Notice summarizes the proposed settlement. More details are in the Settlement Agreement, which can be found in the "Documents" section of the settlement website.

YOU MAY CONTACT THE CLAIMS ADMINISTRATOR ONLINE AT BY USING THE "CONTACT" SECTION OF THE SETTLEMENT WEBSITE, BY CALLING TOLL-FREE AT, (833)-462-3511 OR WRITING TO:

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391