Henderson, et al. v. San Juan Regional Medical Center

You received this notice because you may be a member of the Settlement Class or Settlement Subclass able to receive benefits from a proposed settlement of the class action lawsuit Henderson, et al. v. San Juan Regional Medical Center, Case No. D-111-CV-2021-01043, Eleventh Judicial District, County of San Juan, New Mexico (the “Lawsuit”). The Court overseeing the Lawsuit authorized this Notice to advise Settlement Class Members and Settlement Subclass Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options you have in connection with that Settlement.

The Lawsuit is a proposed class action lawsuit brought on behalf of all persons whose personally identifiable information or protected health information was compromised as a result of the cyberattack that SJRMC learned of on or about September 8, 2020 (“Settlement Class”).

The Settlement includes a Settlement Subclass, defined as: All persons who were notified by SJRMC that their Social Security, financial account, driver’s license, or passport numbers were potentially compromised as a result of the Cyberattack.

In a class action, one or more representative plaintiffs bring a lawsuit for others who are alleged to have similar claims. Together, these people are the “class” and each individually is a “class member.” There are two Plaintiffs (or Representative Plaintiffs) in this case: Jeremey Henderson and Benita Simpson-Butsui.

The Plaintiffs in the Lawsuit, through their attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Plaintiffs and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class and Settlement Subclass. The Court has not decided whether the Plaintiffs’ claims or SJRMC’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that SJRMC did anything wrong, or that the Plaintiffs, the Settlement Class and Settlement Subclass would or would not win the case if it were to go to trial.

The Settlement Class is defined as all persons whose personally identifiable information or protected health information was compromised as a result of the Cyberattack.

The “Settlement Subclass” is defined as all persons who were notified by SJRMC that their Social Security, financial account, driver’s license, or passport numbers were potentially compromised as a result of the Cyberattack.

Excluded from the Settlement Class and Subclass are: (a) SJRMC’s officers and directors; (b) any entity in which SJRMC has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of SJRMC. Also excluded are members of the judiciary to whom this case is assigned, their families and members of their staff.

Identity Protection and Credit Monitoring Services

The proposed Settlement provides two years of Identity Defense Complete identity protection and credit monitoring service free of charge to Settlement Class and Settlement Subclass Members who submit a valid Claim Form.

Compensation for Unreimbursed Losses

The Settlement also provides Settlement Subclass Members with compensation for the following unreimbursed losses, up to a total of $2,500 (per Settlement Subclass Member):

1. Out-of-pocket expenses incurred as a result of the Cyberattack, including bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel;
2. Fees for credit reports, credit monitoring, or other identity theft insurance product purchased on or after the date on which the Settlement Subclass Member received written notice of the Cyberattack through October 13, 2022;
3. Compensation for proven monetary loss, professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services incurred as a result of the Cyberattack; and
4. Up to 3 hours of lost time at a rate of $17.50 per hour if at least one full hour was spent dealing with the Cyberattack.

Compensation for unreimbursed losses (except for lost time), shall be paid only if:

1. The loss is an actual, documented, and unreimbursed monetary loss;
2. The loss was more likely than not caused by the Cyberattack;
3. The loss occurred between September 7, 2020 and February 8, 2023;
4. The Settlement Subclass Member 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; and
5. Documentation of the claimed losses is not “self-prepared.” Self-prepared documents, such as handwritten receipts, are, by themselves, insufficient to receive reimbursement.

New Practices

SJRMC has implemented improvements, and plans for future implementations, to improve its cybersecurity since the Cyberattack.

Settlement Class Members and Settlement Subclass Members who do not validly exclude themselves from the Settlement will be bound by the Settlement Agreement and Release (“Settlement Agreement”), and any final judgment entered by the Court, and will give up their right to sue the Released Parties for the claims being resolved by the Settlement. The claims that are being released and the persons and entities being released from those claims are described in the Settlement Agreement. To view the Settlement Agreement, please visit the Important Documents page.

If you are a Settlement Class Member or Settlement Subclass Member, you do not have to do anything to remain in the Settlement. However, if you want two years of Identity Defense Complete identity protection and credit monitoring, you must complete and submit a Claim Form postmarked or submitted online by February 8, 2023. You may download or submit a Claim Form online at the Submit Claim page.

If you are a member of the Settlement Subclass and want to request compensation for unreimbursed losses, you must complete and submit a Claim Form postmarked or submitted online by February 8, 2023. You may download or submit a Claim Form online at the Submit Claim page.

If you do not want to give up your right to sue the Released Parties about the Cyberattack or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class/Settlement Subclass. See Question 12 below for instructions on how to exclude yourself.

If you object to the settlement, you must remain a Settlement Class or Settlement Subclass Member (i.e., you may not also exclude yourself from the Settlement Class/Subclass by opting out) and file a written objection in this case with the Court (See Question 20 below). If you object, you must still submit a claim if you want compensation for unreimbursed losses or identity theft protection and credit monitoring services.

If you do nothing, you will get no benefit from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties related to the claims released by the Settlement.

You may complete the Claim Form online at the Submit Claim page. You may also obtain a paper Claim Form by downloading it at the Important Documents page or by calling the claims administrator at 1-855-778-8861. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically at info@HendersonDataBreachSettlement.com or mail them to:

SJRMC Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

The Claims Administrator will initially decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.

You must make a signed written request that (i) says you wish to exclude yourself from the Settlement Class/Subclass in this Lawsuit, and (ii) include your name, address and phone number. You must send your request by January 9, 2023 to this address:

SJRMC Claims Administrator
Attn: Exclusions
P.O. Box 58220
Philadelphia, PA 19102

No. If you exclude yourself, you will not be entitled to any Settlement benefits. However, you will also not be bound by any judgment in this Lawsuit.

No. Unless you exclude yourself, you give up any right to sue the Released Parties for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class/Subclass to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form requesting a benefit from this Settlement.

All Settlement Class and Subclass Members who do not request exclusion from the Settlement Class/Subclass have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement benefits will be sent out and the lawsuit will continue.

Any objection to the proposed Settlement must be in writing and it and any supporting papers must be filed with the Court and mailed to Class Counsel and SJRMC’s Counsel.

Objections must be filed or postmarked no later than January 9, 2023.

To be considered by the Court, your objection must include: (a) the title of the case; (b) your name, address, and telephone number; (c) all legal and factual bases for your objection; and (d) copies of any documents that you want the Court to consider.

Should you wish to appear at the Final Approval Hearing, you must so state, and must identify any documents or witnesses you intend to call on your behalf.

If you fail to object in this manner, you will be deemed to have waived and forfeited any and all rights you may have to appear separately and/or to object to the Settlement Agreement, and you shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth in this paragraph. Without limiting the foregoing, any challenge to the Settlement Agreement, the Final Judgment and Order approving this Settlement Agreement, or the judgment to be entered upon final approval shall be pursuant to appeal under the New Mexico Rules of Appellate Procedure and not through a collateral attack.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for February 22, 2023, at 1:30 P.M., at Eleventh District Court for the County of San Juan, 207 W. Hill Ave, 2nd Floor, Room 200, Gallup NM 387301. At the Final Approval Hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Plaintiffs’ request for attorneys' fees and costs, and Plaintiffs’ request for service awards for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.

It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website to confirm the schedule if you wish to attend.

No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person to make an objection; the Court will consider any written objections properly submitted according to the instructions in Question 15. You or your own lawyer are welcome to attend the hearing at your expense, but are not required to do so.

If the Court approves the Settlement, there may still be appeals. If an appeal is taken, it is possible the Settlement could be disapproved on appeal. We do not know how long this process may take.

If the Court does not approve the Settlement, there will be no Settlement benefits available to Settlement Class Members, Settlement Subclass Members. Class Counsel, or the Plaintiffs, and the case will proceed as if no Settlement had been attempted.

The Court has appointed the following Class Counsel to represent the Settlement Class and Settlement Subclass Members in this Lawsuit:

David K. Lietz
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW, Suite 440
Washington, D.C. 20015-2052

Settlement Class Members will not be charged for the services of Class Counsel; Class Counsel will be paid by SJRMC, subject to Court approval. However, you may hire your own attorney at your own expense to advise you in this matter or represent you in making an objection or appearing at the final settlement approval hearing.

Plaintiffs will seek an order from the Court requesting that attorneys’ fees be awarded to Class Counsel in the amount of $230,000, inclusive of any costs and expenses of the Litigation (the “Class Counsel Payment”).

Plaintiffs will also seek an order from the Court requesting that Service Awards in the amount of $2,500 be awarded to each Representative Plaintiff for their time and effort expended on behalf of the Settlement Class in the Litigation.

If the Court awards the Class Counsel Payment or the Service Awards to each Representative Plaintiff, the Court’s award(s) will not affect any benefits provided to Settlement Class Members, Settlement Subclass Members, or Plaintiffs.

SJRMC is represented by the following lawyers:

Christopher G. Dean
MCDONALD HOPKINS LLC
600 Superior Avenue
Suite 2100
Cleveland, OH 44114

For additional information, you may also contact the Claims Administrator by mail, email or phone:

Mail:

SJRMC Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103

Email: info@HendersonDataBreachSettlement.com
Phone: 855-778-8861

PLEASE DO NOT CONTACT THE COURT OR SJRMC’S COUNSEL FOR INFORMATION REGARDING THIS SETTLEMENT.