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Consumers Who Provided Personally Identifiable Information and/or Protected Health Information (together "PII") to Lincare May Have Had Their PII Disclosed, Compromised, or Accessed as the Result of a Cyber-Breach or Data Incident and Could Be Eligible for Benefits from a Class Action Settlement.


News provided by

Kroll Settlement Administration

Jan 12, 2024, 10:00 ET

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PHILADELPHIA, Jan. 12, 2024 /PRNewswire/ -- The following statement is being issued by Kroll Settlement Administration regarding the Lincare Data Breach Settlement.

WHAT IS THE LAWSUIT ABOUT?
A Settlement Agreement has been reached in a class action lawsuit (the "Lawsuit") against Lincare Holdings Inc. ("Defendant") alleging the unauthorized disclosure of PII that occurred on or about September 2021, when Defendant experienced an intrusion into its system by an external individual (the "Incident"). The information that may have been disclosed in the Incident possibly included, first and last names, addresses, Lincare account numbers, date of birth, medical information, which may include information concerning medical treatments individuals received such as provider name, dates of service, diagnosis/procedure, and/or account or record numbers, health insurance information, and/or prescription information. In very limited circumstances, Social Security numbers may have been impacted in the Incident. 

In the Lawsuit, the plaintiffs bring claims against Defendant based on Defendant's maintenance, retention, storage, and destruction of Settlement Class Members' PII. Defendant denies any wrongdoing and denies all claims asserted against it in the Lawsuit. Both sides have agreed to settle the Lawsuit to avoid the cost, delay, and uncertainty of litigation.

WHO IS INCLUDED IN THE PROPOSED SETTLEMENT?
Consumers affected by the proposed settlement are known as Settlement Class Members and include all people who meet the following definition:

All individuals in the United States whose PII was stored by Lincare Holdings Inc. and potentially disclosed, compromised, or accessed as a result of the cyber-breach or data incident experienced by Lincare Holdings Inc. in September 2021.

Anyone unsure if they are a Settlement Class Member can contact Kroll, the court-appointed Settlement Administrator, at 1-833-383-4044 or www.LincareSettlement.com to get for help.

WHAT DOES THE SETTLEMENT PROVIDE?
The Settlement provides $7,250,000.00 and offers several benefits, including:

  1. Identity theft protection and medical information monitoring through Medical Shield,
  2. Payment for Out-of-Pocket Losses fairly traceable to the Incident,
  3. Payment for attested Lost Time spent remedying issues related to the Incident,
  4. Payment for certain statutory claims by Settlement Class Members who were residents of California at the time of the Incident. 

WHAT ARE SETTLEMENT CLASS MEMBERS RIGHTS?

  • FILE A CLAIM: Settlement Class Members must file a Claim to be eligible for benefits. The deadline to file a Claim is April 15, 2024.
  • ASK TO BE EXCLUDED: This is the only option that may allow Settlement Class Members to sue Defendant over the claims being resolved by this Settlement. They will not get benefits from the Settlement. The deadline to request to be excluded is March 14, 2024.
  • OBJECT: Settlement Class Members may write to the Court about why they do not think this Settlement is fair, reasonable, or adequate. They are still eligible for benefits. The deadline to object to the settlement is March 14, 2024.
  • GO TO A HEARING: Settlement Class Members may ask to speak in Court about the fairness of the Settlement but are not required to attend.
  • DO NOTHING: Settlement Class Members who do not act will get no benefits and will give up the right to sue Defendant about the legal claims in this case.

WHEN IS THE FAIRNESS HEARING?
The Court will hold a final approval and fairness hearing on June 12, 2024 at the Sam Gibbons United States Federal Courthouse, 801 N. Florida Avenue, Courtroom 14A, Tampa, Florida 33602. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class, and to rule on Class Counsel's application for Fee and Expense Award. At that hearing, the Court will be available to hear any objections and arguments concerning the fairness of the proposed settlement.

This notice is a summary of the proposed Settlement. For more information, including copies of the Consolidated Class Action Complaint, the Settlement Agreement, and other case documents, as well as a downloadable Claim Form can be obtained at www.LincareSettlement.com or by calling 1-833-383-4044.

SOURCE Kroll Settlement Administration

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