1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. What is the deadline for submitting a claim?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The United States District Court for the District of Massachusetts authorized the Notice because Settlement Class Members have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. This Website and the Notice explain the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned In Re Harvard Pilgrim Data Security Incident Litigation, Case No. 1:23-cv-11211, pending in the United States District Court for the District of Massachusetts. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the entities they sued, Harvard Pilgrim Health Care, Inc. and Point32Health, Inc., are called the “Defendants.”
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This lawsuit alleges that during a targeted cyberattack on the Defendants’ computer systems that occurred on or about April 17, 2023, certain files that contained patients’ private information were accessed. These files may have contained personal information such as names, physical addresses, phone numbers, dates of birth, health insurance account information, Social Security numbers, taxpayer identification numbers, and clinical information (such as medical history, diagnoses, treatment, dates of service, and provider names).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Madeline Docanto, Justin Dyer, Svea Elaine, Ruth Kidder, Daniel Neal, Danielle Olson, Girard Patterson, Tanya Peckham, Margaret Donovan, Angela Rowntree, and Tracie Wilson, and everyone included in this Action are the Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendants. Plaintiffs and Defendants have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Settlement Class includes all US residents whose Personal Information was impacted by the Data Security Incident—including all individuals who were notified of the Data Security Incident.
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Yes. Excluded from the Settlement Class are: (1) any Judge or Magistrate Judge presiding over the Action, any members of the Judges’ respective staffs, and immediate members of the Judges’ respective families; (2) officers, directors, members and shareholders of the Defendants; (3) persons who timely and validly request exclusion from and/or opt-out of the Settlement Class and the successors and assigns of any such excluded persons; (4) any persons whose claims in this matter have been finally adjudicated on the merits or otherwise released; (5) Parties’ Counsel; and (6) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity or occurrence of the Data Security Incident or who pleads nolo contendere to any such charge.
If you are not sure whether you are included in the Settlement Class, you can ask for free help any time by contacting the Settlement Administrator at:
Harvard Pilgrim Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25245
Santa Ana, CA 92799
Email: info@HarvardPilgrimDataIncidentSettlement.com
Call toll free, 24/7: 1-833-296-0892
You may also view the Settlement Agreement here.
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Harvard Pilgrim will establish a Settlement Fund of $16,000,000.00. Once court-approved attorneys’ fees and costs, Service Awards, and costs of administering this settlement are paid, the net amount will be used to pay Class Member claims.
You are not limited to one benefit. If you are eligible for multiple benefits, as described below, you may file a claim for each of them.
The final amount of all cash payments may be larger or smaller than the amount claimed, based on the total number of approved claims.
Credit Monitoring Services. All Class Members may claim three years of Credit Monitoring Services. These services include:
Dark web scanning with user notification if potentially unauthorized use of a Settlement Class Member’s Personal Information is detected;
Identity theft insurance;
Real-time credit monitoring with Equifax, Experian, and TransUnion; and
Access to fraud resolution agents.
Out-Of-Pocket Losses. Class Members may submit a Claim for reimbursement of documented out-of-pocket losses incurred while responding to the Data Security Incident. The maximum amount for this reimbursement is $2,500.00.
Out-of-Pocket Losses include such expenses as:
Costs associated with accessing or freezing/unfreezing credit reports with any credit-reporting agency;
Other miscellaneous expenses incurred related to any Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges; and
Credit monitoring or other mitigative costs
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
Attested Time. If you spent time responding to the Data Security Incident, you may claim up to seven (7) hours of reimbursable time at $30.00 per hour. You will need to provide a brief description of what you did during this time.
Attested Time may be claimed together with Out-of-Pocket Losses, above, up to the $2,500.00 maximum.
Extraordinary Losses. Extraordinary losses are any unreimbursed costs, losses, or expenditures incurred as a result of identity theft, fraud, falsified tax returns, real estate title fraud, financial fraud, government benefits fraud, or other misuse of your personal information. You may claim up to $35,000.00 of extraordinary losses if those losses are fairly traceable to the Data Security Incident.
“Fairly traceable” means that (1) the unreimbursed losses were incurred in responding to the Data Security Incident; and (2) the personal information used to commit identity theft, fraud, or other misuse consisted of the same type of personal information that was provided to Defendants prior to the Data Security Incident or that can be reasonably obtained on the basis of personal information that was provided to Defendants prior to the Data Security Incident.
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
Extraordinary Losses may be claimed together with Out-of-Pocket Losses and Attested time, up to the $35,000.00 maximum.
Extraordinary Attested Time. If you spent time addressing Extraordinary Losses, you may claim up to twenty (20) hours of reimbursable time at $30.00 per hour. You will need to provide a brief description of what you did during this time.
Extraordinary Attested Time may be claimed together with Attested Time, up to the twenty (20) hour maximum, and with Out-of-Pocket Losses and Extraordinary Losses, up to the $35,000.00 maximum.
No claim or combination of claims can exceed the $35,000.00 maximum.
Alternative Cash Payment. Instead of filing a claim for Out-of-Pocket Losses and/or Attested Time, you may claim an Alternative Cash Payment of $150.00.
If you have questions about any of these benefits, or how to file a claim, you can ask for free help any time by contacting the Settlement Administrator at:
Harvard Pilgrim Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25245
Santa Ana, CA 92799
Email: info@HarvardPilgrimDataIncidentSettlement.com
Call toll free, 24/7: 1-833-296-0892
You may also view the Settlement Agreement here.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement (Section 15) describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.
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The fastest way to submit your Claim Form is online here or using the “File a Claim” link above. If you prefer, you can download the Claim Form here and mail it to the Settlement Administrator at:
Harvard Pilgrim Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25245
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, 1-833-296-0892, by email info@HarvardPilgrimDataIncidentSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by August 25, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than August 25, 2025.
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The Court will hold a final approval hearing on July 28, 2025 (see Question 18). If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.
Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.
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Yes, the Court appointed John A. Yanchunis of Morgan & Morgan and James J. Pizzirusso of Hausfeld LLP, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will seek Court approval for attorneys’ fees not to exceed $4,800,000 costs not to exceed $50,000, as well as Incentive Awards of $2,000.00 for each of the named Plaintiffs. These fees, costs, and awards, as well as the costs of administration, will be paid from the Settlement Fund.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendants about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is June 27, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
The name of the Action: In Re Harvard Pilgrim Data Security Incident Litigation, Case No. 1:23-cv-11211, pending in the United States District Court for the District of Massachusetts
Your full name and current address;
Personal signature; and
The words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.
You may only exclude yourself— not any other person.
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than June 27, 2025.
Harvard Pilgrim Data Security Incident Settlement
ATTN: Exclusion Request
P.O. Box 25245
Santa Ana, CA 92799
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
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If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
the name of the Action: In Re Harvard Pilgrim Data Security Incident Litigation, Case No. 1:23-cv-11211, pending in the United States District Court for the District of Massachusetts
the objector’s full name, mailing address, telephone number, and email address (if any);
all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing;
a list of all expert witnesses who will be called to testify at the Final Approval Hearing in support of the objection (if any);
a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
the objector’s signature (or, if represented by counsel, an attorney’s signature).
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for Harvard Pilgrim, no later than June 27, 2025.
Clerk of the Court | Class Counsel | Counsel for Harvard Pilgrim |
Clerk of the Court | John A. Yanchunis | Michael T. Marcucci |
If you do not comply with the requirements for objecting you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement, and will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on July 28, 2025, at 3:00 p.m. Eastern Time, in the United States District Court for the District of Massachusetts, at John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Courtroom 4, Boston, Massachusetts 02210.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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If you are a Class Member and you do nothing, you will give up the rights described in Question 8, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendants and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.
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This website and the Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available in the Important Documents section of this website.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Harvard Pilgrim Data Security Incident Settlement
c/o Settlement Administrator
P.O. Box 25245
Santa Ana, CA 92799
Email: info@HarvardPilgrimDataIncidentSettlement.com
Call toll free, 24/7: 1-833-296-0892
You may also view the Settlement Agreement and other Settlement related documents on the Important Documents page of this website.
Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Courtroom 4, Boston, Massachusetts 02210.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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