Advocate Aurora Health has proposed a $12.25 million settlement to resolve a consolidated class action lawsuit filed over the impermissible disclosure of patient data to third parties via tracking technologies. Advocate Aurora Health was one of the first HIPAA-regulated entities to report a Pixel-related data breach to the HHS’ Office for Civil Rights and notify patients that their protected health information had been impermissibly disclosed to unauthorized third parties via these tracking technologies.

Advocate Aurora Health had used tracking technologies such as Meta Pixel, Google Analytics, and other third-party tools on its website, patient portal, and scheduling app. The tracking tools were used to gain insights into the use of its website and app to better understand patient needs and to improve the services it provides. Advocate Aurora Health has since removed the tracking tools from its website, MyChart patient portal, and LiveWell App. The decision was taken to notify 3 million individuals that they had potentially been affected and had some of their sensitive data disclosed to third parties.

Several lawsuits were filed against Advocate Aurora Health after patient notifications were issued. The lawsuits were consolidated in the lawsuit, In Re Advocate Aurora Health Pixel Litigation. The plaintiffs/class representatives are Shyanne John, Richard Webster, Deanna Danger, James Gabriel, Katrina Jones, Derrick Harris, Amber Smith, Bonnie LaPorta, Angel Ajani, and Alistair Stewart.

The $12.25 million settlement is intended to resolve all claims from the consolidated lawsuit. 35% of the settlement amount will cover attorneys’ fees, class representatives will receive a service award of $3,500 each, and the remainder of the settlement will cover claims from class members, which will be paid pro rata. Claims will be accepted from individuals who had their information disclosed via the tracking tools between October 24, 2017, and October 22, 2022.

The settlement has received preliminary approval but will need final approval from the court. Class members will have the opportunity to object to or exclude themselves from the settlement. The final fairness hearing has not yet been set.

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