Superior Court of the State of California Case No. 22STCV09016 (Lead) – Consolidated with Case No: 22STCV17107
If you are an individual whose personal information was compromised in the Data Breach suffered by Barlow Respiratory Hospital on or about August 27, 2021, a Class Action Settlement may affect your rights.
A California State Superior Court authorized this Notice. You are not being sued.
This is not a solicitation from a lawyer.
A settlement has been reached in a class action lawsuit concerning Barlow Respiratory Hospital and a data breach (the “Data Incident”) that occurred on or about August 27, 2021. In the Data Incident, a third-party threat actor group allegedly gained unauthorized access to Barlow’s systems and infected certain files with ransomware, which may have, but did not necessarily, include the personal identifiable information (PII) and/or personal health information (PHI) of certain Barlow patients, employees, and/or physicians.
The litigation is titled Franchi, et al. v. Barlow Respiratory Hospital Case No. 22STCV09016 and is pending in the Superior Court of the State of California, County of Los Angeles (the "Litigation). The litigation asserts claims related to the Data Incident. The Defendant in the litigation is Barlow Respiratory Hospital. Defendant denies it is or can be held liable for the claims made in the litigation. The settlement does not establish who is correct, but rather is a compromise between the Parties to end the litigation.
Members of the Settlement Class are all individuals whose personal information was compromised in the Data Incident suffered by Barlow Respiratory Hospital on or about August 27, 2021. The Settlement Class specifically excludes: (i) 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.
Settlement Class Members are eligible to receive up to $300 per person, in reimbursement for out-of-pocket losses stemming from the Data Incident, for persons who file a Valid Claim, as further described below. The settlement also provides up to $5,000 for proven monetary extraordinary expenses for Settlement Class Members who have incurred extraordinary expenses and who submit a Valid Claim. In addition, California Settlement Subclass Members are eligible for a separate, California statutory damages award in the amount of $125. To redeem this 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. 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.
Your legal rights are affected regardless of whether you act or do not act. Please read this Notice carefully.
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM
This is the only way you may receive benefits from this settlement. The Claims Deadline to submit a Claim Form is April 23, 2024.
EXCLUDE YOURSELF FROM THE SETTLEMENT
By asking to be excluded, you will not share in this settlement. This is the only option that allows you to keep any rights to sue Defendant about the same legal claims in this lawsuit. The Opt-Out Date to exclude from the settlement is April 23, 2024.
OBJECT TO THE SETTLEMENT
Write to the Court explaining why you do not agree with the settlement. The Objection Date to object is April 23, 2024.
ATTEND THE FINAL APPROVAL HEARING
You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. The Final Approval Hearing will be held on June 7, 2024, at 9 a.m.
DO NOTHING
By doing nothing, you forfeit the opportunity to receive any compensation and you give up any rights to sue Defendant, and certain parties related to Defendant, about the claims that have been or could have been asserted based on the facts alleged in this lawsuit.
These rights and options—and the deadlines to exercise them—are explained on this website. For complete details, please see the Settlement Agreement, whose terms control, available in the "Documents" section.
The Court in charge of this case still has to decide whether to approve the settlement. No settlement benefits or payments will be provided unless the Court approves the settlement, and it becomes Final.
This website is authorized by the Court, supervised by counsel for the Parties and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.
Call
(833) 462-3511
Mail
Franchi et al. v. Barlow Respiratory Hospital Kroll Settlement Administration LLC P.O. Box 225391 New York, NY 10150-5391
Click here to safely and securely submit a Claim Form.
Important Dates
Opt-Out Date
Tuesday, April 23, 2024
You must complete and mail your Opt-Out so that it is postmarked no later than April 23, 2024.
Objection Date
Tuesday, April 23, 2024
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than April 23, 2024.
Claims Deadline
Friday, May 24, 2024
You must submit your Claim Form online no later than Friday, May 24, 2024, or mail your completed paper Claim Form so that it is postmarked no later than May 24, 2024.
Final Approval Hearing Date
Friday, June 7, 2024
The Final Approval Hearing is scheduled for June 7, 2024, at 9 a.m. Please check this website for updates.
