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Emergency Medical Services Authority & Compassion Health Care Settle Data Breach Litigation – The HIPAA Journal
Emergency Medical Services Authority & Compassion Health Care Settle Data Breach Litigation
Emergency Medical Services Authority in Oklahoma and Compassion Health Care in North Carolina were sued over cyberattacks and data breaches. Settlements have now been agreed to resolve both class action lawsuits.
Emergency Medical Services Authority Data Breach Settlement
Emergency Medical Services Authority (EMSA), the largest provider of pre-hospital emergency medical care in the state of Oklahoma, has agreed to settle a class action lawsuit stemming from a cyberattack detected on February 13, 2024. EMSA determined that hackers accessed its network between February 10, 2024, and February 13, 2024, and acquired files containing patient and employee data. The data breach affected 611,743 individuals and included names, addresses, dates of birth, dates of service, and Social Security numbers.
Two class action lawsuits were filed in response to the data breach, which were consolidated in the Oklahoma District Court of Oklahoma County – Wade Quick and Laura Lance v Emergency Medical Services Authority. EMSA denies all claims of liability, fault, and wrongdoing, and sought to have the lawsuit dismissed. The court sustained in part and denied in part the motion to dismiss, and the lawsuit proceeded to discovery. A second motion to dismiss was filed for lack of jurisdiction, and after the plaintiffs filed their response, all parties agreed to resolve the lawsuit with a settlement rather than continuing to litigate.
Under the terms of the settlement, EMSA will establish a $1.5 million settlement fund to cover attorneys’ fees and expenses, settlement administration costs, service awards for the class members, and benefits for the class members. Class members may submit a claim for reimbursement of documented, unreimbursed losses due to the data breach up to a maximum of $3,000 per class member. A claim may also be submitted for compensation for up to four hours of lost time at $15 per hour. While documentation is not required for the lost time claim, class members must sign an attestation that includes a brief description of the lost time. Lost time payments are included in the £3,000 cap per class member.
Class members may also claim two years of single-bureau credit monitoring and identity theft protection services. The deadline for submitting a claim is March 5, 2026. The final fairness hearing has been scheduled for April 5, 2026.
Compassion Health Care Data Breach Settlement
The Yanceyville, North Carolina-based medical practice, Compassion Health Care, has agreed to pay up to $600,000 to settle a class action lawsuit over a breach of the protected health information of 23,600 individuals. A cybersecurity incident was identified on or around March 17, 2025, and the forensic investigation confirmed that an unauthorized third party hacked its systems, and potentially obtained protected health information such as names, addresses, phone numbers, date of births or ages, Social Security numbers, driver’s license numbers, health insurance information, claims information, and clinical/diagnostic information. The affected individuals were notified about the data breach on or around May 16, 2025.
The first class action lawsuit over the data breach was filed on May 23, 2025, followed by a further two lawsuits. An amended complaint was filed in the Caswell County Superior Court for the State of North Carolina on July 2, 2025, adding the additional plaintiffs – Allin v. Compassion Health Care. The lawsuit alleged that the cyberattack occurred as a result of the failure to implement reasonable and appropriate cybersecurity measures. The lawsuit asserted claims of negligence/negligence per se, breach of implied contract, breach of confidence, and unjust enrichment.
Shortly after the amended lawsuit was filed, the defendant provided the plaintiffs with informal discovery, including information about the cybersecurity measures implemented prior to the data breach. After arms-length discussions, the material terms of a settlement were agreed upon. The settlement has now been finalized, with no admission of liability or wrongdoing, and the settlement has received preliminary approval from the court. The $600,000 will be used to cover attorneys’ fees and expenses, settlement administration costs, and service awards for the class representatives. Claims may be submitted for reimbursement of documented, unreimbursed losses due to the data breach, or class members may claim an alternative cash payment of $40.
The deadline for submitting a claim differs based on CPT ID. Class members with a CPT ID under 20,000 have until February 23, 2026, to submit a claim. Class members with a CPT ID over 20,000 have until May 4, 2026, to submit a claim. The final fairness hearing has been scheduled for May 4, 2026.
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