Williams, et al. v. Tallahassee Memorial HealthCare

Plaintiffs filed this lawsuit against Defendant, individually, and on behalf of current and former patients of Defendant whose personally identifying information or protected health information (“Private Information”) was potentially impacted in the Data Incident.

Plaintiffs allege between January 26, 2023, and February 2, 2023, as a result of the Data Incident, the unauthorized disclosure of confidential Personal Identifying Information and Protected Health Information. Plaintiffs brought this lawsuit against Defendant alleging claims for: (1) negligence; (2) negligence per se; (3) breach of fiduciary duty; (4) unjust enrichment; and (5) violation of the Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. §§ 501.201.

Defendant denies these claims and denies any wrongdoing or liability. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of further litigation.

In a class action, one or more people (called Class Representatives) sue on behalf of all people who have similar claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt out) from the class.

The proposed Class Representatives in this Litigation are Plaintiffs Sandra Williams and Calvin Grissett.

Plaintiffs and Defendant do not agree about the claims made in this Litigation. The Litigation has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the Litigation. The Class Representatives, Defendant, and their attorneys believe the Settlement is best for all Settlement Class Members because of the benefits available to Settlement Class Members and the risks and uncertainty associated with continued litigation and the nature of the defenses raised by Defendant.

You are a Settlement Class Member if you were sent notice that your Private Information was potentially impacted in the Data Incident.

Yes. Excluded from the Settlement Class are:

1. TMH and its respective officers and directors;
2. All members of the Settlement Class who timely and validly request exclusion from the Settlement Class;
3. The Judge and Magistrate Judge assigned to evaluate the fairness of this settlement; and
4. Any other 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 contender to any such charge.

If you are still not sure whether you are a Settlement Class Member, you may call the Claims Administrator’s toll-free number at 1-888-504-4076.

If you are a Settlement Class Member and you file a timely Valid Claim, you may be eligible for the following benefits:

Expense Reimbursement. All Settlement Class Members who submit a Valid Claim are eligible for the following documented, out-of-pocket expenses, not to exceed $500 per Settlement Class Member, that were incurred as a result of the Data Incident:

1. Unreimbursed bank fees;
2. Unreimbursed card reissuance fees;
3. Unreimbursed overdraft fees;
4. Unreimbursed charges related to unavailability of funds;
5. Unreimbursed late fees;
6. Unreimbursed over-limit fees;
7. Long distance telephone charges;
8. Cell minutes (if charged by minute), Internet usage charges (if charged by the minute or by the amount of data usage and incurred solely as a result of the Data Incident), and text messages (if charged by the message and incurred solely as a result of the Data Incident);
9. Unreimbursed charges from banks or credit card companies;
10. Interest on payday loans due to card cancellation or due to over-limit situation incurred solely as a result of the Data Incident;
11. Costs of credit report(s), credit monitoring, and/or other identity theft insurance products purchased by members of the Settlement Class between January 26, 2023, and the date of the Claims Deadline; and
12. Other losses incurred by Settlement Class Members determined by the Claims Administrator to be fairly traceable to the Data Incident, including, but not limited to, the cost of postage and gas for local travel.

To receive reimbursement for any the above-referenced out-of-pocket expenses, you must submit (i) your name and current address; (ii) supporting documentation of such out-of-pocket expenses; and (iii) a description of the loss, if not readily apparent from the documentation.

Settlement Class Members are also eligible to receive compensation for up to four hours of lost time spent dealing with issues arising out of the Data Incident, calculated at the rate of $25 per hour. Settlement Class Members must state on the Claim Form the time spent, along with a description of their actions.

Claims made for lost time can be combined with claims made for out-of-pocket expenses and, together with the out-of-pocket expenses, are subject to the $500 cap for each Settlement Class Member.

Extraordinary Expense Reimbursement. Settlement Class Members who have suffered a proven monetary loss, and file a Valid Claim, are also eligible to receive reimbursement of up to $5,000 per Settlement Class Member for documented monetary loss if:

1. The loss is an actual, documented and unreimbursed monetary loss;
2. The loss was more likely than not caused by the Data Incident;
3. The loss occurred between January 26, 2023 and the Claims Deadline;
4. The loss is not already covered by one or more of the reimbursement categories listed above; and
5. The Settlement Class 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.

Your Extraordinary Expense Reimbursement Claim must include reasonable documentation that the out-of-pocket expenses and charges claimed were both actually incurred and most likely arose from the Data Incident. Failure to provide supporting documentation of the out-of-pocket expenses referenced above, as requested on the Claim Form, shall result in denial of a claim.

Identity-Theft Protection. Settlement Class Members may submit a Claim to receive 36 months of free single-bureau identity-theft protection called “Identity Defense Complete.” For individuals who previously enrolled in the identity-theft services offered by Defendant following the Data Incident, this will be in addition to that year.

Identity Defense Complete includes, at least, the following or similar, services:

1. Up to $1 Million Dollars reimbursement insurance through AIG covering losses due to identity theft and stolen funds;
2. 1 Bureau real-time credit monitoring, providing immediate notifications (via alerts, both text and email) to any Settlement Class Member whose credit profile has changed due to a recent inquiry or event;
3. Vantage 3.0 Credit Score(s);
4. Continuous monitoring for high-risk transactions, including changes to a registered account, wire transfer requests, signatory changes of any type, and account openings, that involve the Settlement Class Member’s personal information;
5. Dark web monitoring for Settlement Class Members’ personal information found on the dark web;
6. Customer support and victim assistance, providing Settlement Class Members with access to experienced customer care representatives to help fix an identity event or to answer any questions the Settlement Class Members may have;
7. Credit security freeze assistance, which provides the Settlement Class Member a central location to link to nine different consumer reporting agencies to freeze and unfreeze his or her credit files;
8. Lost wallet protection, which provides a customer support line where the Settlement Class Member can receive help in canceling and replacing lost credit cards; and
9. Insight and tips newsfeed, which provides Settlement Class Members with interesting stories and new threats in a centralized location.

Unless you exclude yourself (opt out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against Defendant or its Related Entities (collectively, the “Released Parties”) about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement in Paragraphs 1.21, 1.30, and 6.1 describes the Released Claims and the Release, in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Settlement Class Counsel listed in FAQ 13 for free, or you can talk to your own lawyer at your own expense.

To submit a claim for any of the benefits described in FAQ 7, you must timely submit a Valid Claim. Settlement Class Members seeking benefits under the Settlement must complete and submit a Valid Claim to the Claims Administrator, postmarked or submitted online on or before July 25, 2024. Claim Forms may be submitted online here or printed from the Documents page and mailed to the Claims Administrator at the address on the form. The quickest way to submit a claim is online. Claim Forms are also available by calling 1-888-504-4076 or by writing to:

TMH Claims Administrator
P.O. Box 2684
Portland, OR 97208-2684

Claim Forms must be submitted online or postmarked by July 25, 2024.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by calling 1-888-504-4076 or by writing to:

TMH Claims Administrator
P.O. Box 2684
Portland, OR 97208-2684

If you file a timely and Valid Claim, payment will be provided by the Claims Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Yes, the Court has appointed Jonathan B. Cohen and Jacob Phillips of the law firm MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC as Settlement Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Settlement Class Counsel to represent you in this Litigation.

Settlement Class Counsel will file a motion asking the Court to award attorneys’ fees and costs of $450,000 to be paid by Defendant. Settlement Class Counsel will also ask the Court to approve a Service Award for the Class Representatives for participating in this Litigation and for their efforts in achieving the Settlement. The Court may award less than these amounts. If awarded by the Court, Defendant will pay fees, costs, expenses, and the Service Award directly. The fees, costs, expenses and Service Award will not reduce the Settlement benefits available to the Settlement Class.

Settlement Class Counsel’s application for attorneys’ fees, expenses, and the service award will be made available on the Documents page before the deadline for you to comment or object to the Settlement.

To opt out of the Settlement, you must sign and timely submit by mail a written notice of a request for exclusion. The written notice must clearly state your intent to opt out of the Settlement Class in Williams, et al. v. Tallahassee Memorial HealthCare, Inc., Case No. 2023 CA 001430.

The exclusion request must be mailed to the Claims Administrator at the following address, and be postmarked by May 27, 2024:

TMH Claims Administrator
Exclusions
P.O. Box 2684
Portland, OR 97208-2684

You cannot opt out (exclude yourself) by telephone or by email.

No. If you opt out, you will not be entitled to receive any Settlement benefits, but you will not be bound by any judgment in this case. You can only get Settlement benefits if you stay in the Settlement and submit a Valid Claim.

No. Unless you opt out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incident. You must opt out of this Litigation to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement or requested attorneys’ fees and expenses. You can also give reasons why you think the Court should not approve the Settlement or attorneys’ fees and expenses.

To object, you must file timely written notice as provided below no later than May 27, 2024, stating you object to the Settlement in Williams, et al. v. Tallahassee Memorial HealthCare, Inc., Case No. 2023 CA 001430. The objection must also include all the following additional information:

1. Your full name and address;
2. The case name and docket number - Williams, et al. v. Tallahassee Memorial HealthCare, Inc., Case No. 2023 CA 001430;
3. A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable;
4. The identity of any and all lawyers representing you in connection with the objection;
5. A statement whether you and/or your lawyer will appear at the Final Fairness Hearing; and
6. Your signature or the signature of your duly authorized lawyer or other duly authorized representative (if any) representing you in connection with the objection.

To be timely, written notice of an objection including all the information above must be filed with the Court by May 27, 2024, with copies to Settlement Class Counsel and Defendant’s Counsel at the following addresses:

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above shall waive and forfeit any and all rights he or she may have to appear separately and/or to object to the Settlement Agreement and shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders and judgments in the Litigation.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Court will hold a Final Fairness Hearing on August 1, 2024, at 11:00 a.m. before the Honorable Angela C. Dempsey at the Circuit Court for the Second Judicial District in and for Leon County, Florida Courthouse, 301 S Monroe St., Tallahassee, FL 32301 or via Zoom or by phone. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Settlement Class Counsel’s application for attorneys’ fees, costs and expenses, and the Service Award to Plaintiffs.

If there are objections, the Court will consider them. The Court will also listen to people who have asked to speak at the hearing.

Note: The date and time of the Final Fairness Hearing are subject to change. The Court may also decide to hold the hearing via Zoom or by phone. Any change will be posted here.

No. Settlement Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you send an objection, you do not have to attend the court hearing to speak about it. As long as you file or mail your written objection on time, the Court will consider it.

Yes, as long as you do not exclude yourself (opt out), you can (but do not have to) participate and speak for yourself at the Final Fairness Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Settlement Class Counsel to speak for you at the hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 18—and specifically include a statement whether you and your counsel will appear at the Final Fairness Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits, and you will give up rights explained in FAQ 16 and 17, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this Litigation that are released by the Settlement Agreement relating to the Data Incident.

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 here, by calling 1-888-504-4076 or by writing to:

TMH Claims Administrator
P.O. Box 2684
Portland, OR 97208-2684

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE.