In re: Banner Health Data Breach Litigation
Banner Health Settlement
2:16-cv-02696-PHX-SRB

Welcome to the Banner Health Settlement Website

If you received notice from Banner Health that your personal information may have been compromised as a result of a cyberattack that occurred in June and July of 2016, this settlement may affect your rights.

Una notificación en español está disponible aquí.

A class action settlement has been reached under which your rights may be affected. The proposed Settlement resolves a class action lawsuit pending in the United Stated District Court for the District of Arizona, titled In Re: Banner Health Data Breach Litigation, Case No. 2:16-cv-02696-PHX-SRB. On December 11, 2019, the Court preliminarily approved the Settlement.

If you are a Class Member, then you may be entitled to compensation under the terms of the proposed Settlement. If you are a Class Member and you wish to file a claim, comment on the Settlement, object to the Settlement, or exclude yourself from the Settlement, you must do so following the procedures outlined in the Court-approved Notice, which are also detailed on this website. Your legal rights are affected whether you act or don’t act. 


What is this about?

The complaint filed by the Settlement Class Representatives alleged that Banner Health acted unlawfully by failing to prevent the cyberattack that occurred in June and July of 2016 (the "Security Incident"). The Class Representatives claimed that Banner Health failed to fulfill its legal duty to adequately secure and safeguard the information of the Class Representatives and Class Members and that Banner Health breached promises made to the Class Representatives and Class Members concerning the security of their data. Banner Health denies the allegations asserted by the Class Representatives in the Action and contends that Banner Health was and is in compliance with applicable state and federal law. The Court has not made any ruling on the merits of this case. The attorneys for the Class Representatives and Banner Health have agreed to settle the lawsuit, subject to the approval of the Court.

Who is included in the Settlement Class?

The Settlement Class consists of all persons who received notice from Banner Health that their personal information may have been compromised as a result of the Security Incident.

Excluded from the Settlement Class are the officers and directors of Banner Health during the Class Period, the Judge presiding over this action and her Honor's courtroom staff, and the persons who timely and validly request exclusion from the Settlement Class.

What does the Settlement provide?

If the Court grants final approval, Banner Health will provide the following Settlement benefits to Class Members who file valid and timely claims:

  1. Ordinary Cash Reimbursement - a cash payment for up to 3 hours of undocumented lost time in connection with the Security Incident and/or additional documented expenses or monetary loss (up to $500.00 per Class Member) as outlined in the Settlement Agreement;
  2. Extraordinary Cash Reimbursement - a cash payment for up to 15 additional hours of documented lost time in connection with the Security Incident and/or additional documented expenses or monetary loss (up to $10,000.00 per Class Member) as outlined in the Settlement Agreement; and
  3. Two Years of Credit Monitoring which includes $1 million in identity-theft coverage.

 

To receive a benefit from the Settlement, you must file a claim no later than February 9, 2021. 

 

YOUR LEGAL RIGHTS AND OPTIONS

ACTION
EXPLANATION

DO NOTHING

You will be included in the Settlement, receive no benefits, and give up your rights to sue Banner Health about the legal claims in the Litigation.

SUBMIT A CLAIM FORM
By February 9, 2021

Class Members may submit a claim to receive Settlement benefits. For more information about submitting a claim, see Question 5. If you submit a claim and receive a payment, you give up your right to sue the Defendant about the claims in the Litigation. The deadline to submit a claim is February 9, 2021.

EXCLUDE YOURSELF
By April 10, 2020

If you choose to exclude yourself ("opt out"), you will not be included in the Settlement. You will receive no benefits, but you will keep any right you currently have to sue the Defendant about the claims in the lawsuit. The deadline to exclude yourself is April 10, 2020.

OBJECT
By April 10, 2020

If you do not exclude yourself, and if you disagree with the Settlement or any part of it, you can write to the Court to explain your objection. The deadline to object is April 10, 2020.

GO TO THE HEARING
On April 21, 2020

Ask to speak in court about the fairness of the Settlement. The Final Approval Hearing is scheduled for April 21, 2020.

 

 

For More Information

Visit this website often to get the most up-to-date information.

Mail

Banner Health Settlement
c/o JND Legal Administration
PO Box 91157
Seattle, WA 98111