K.B. (minor) through Joan Blank et al. v. East Tennessee Children’s Hospital Association, Inc.
Case No. C2LA0081 Circuit Court for Anderson County at Clinton Tennessee
Attention Current or Former Patients of East Tennessee Children’s Hospital
This Long Notice is regarding a lawsuit called K.B. (minor) through Joan Blank et al. v. East Tennessee Children’s Hospital Association, Inc., Case No.: C2LA0081 pending in the Circuit Court for Anderson County, State of Tennessee (the “Lawsuit”). The Lawsuit concerns East Tennessee Children’s Hospital Association, Inc’s (“ETCH”) data security practices, in the wake of a March 2022 data security incident resulting in the potential compromise of hundreds of thousands of current and former ETCH patients’ highly sensitive personal information (referred to herein as the “Data Breach”).
• A class action Settlement will resolve the Lawsuit by Plaintiffs K.B. (minor) through Joan Blank, next friend; J.M. (minor) through Mary Murray, next friend; T.D. (minor) through Shelbie Dempsey, next friend; Jacob Mason; Whitney Sprouls; Meagan Jones; Miguel Cadenas; M.C. and T.C. (minors) through Lynne Cadenas, next friend; B.P., J.P. and C.P. (minors) through Judi Parris, next friend; C.J.J. (minor) through Craig Juneau, next friend; Michael McCarter; C.G.C. (minor) through Beth Catron, next friend; and K.C.U. (minor) through Robert Ulucan, next friend, against ETCH. The Settlement affects all Persons whose Private Information was accessed and/or compromised as a result of the ETCH Data Breach discovered on or about March 2022
The Lawsuit contends that ETCH collected and stored the personal information of hundreds of thousands of its current and former patients without proper encryption or other data security practices. This data included, among other things, patient names, Social Security numbers, dates of birth, contact information, and medical record numbers (the “Private Information” or “PII”). ETCH denies these allegations and maintains that its data security was reasonably in place to protect the information at issue.
The Settlement establishes a $1,550,000.00 Settlement Fund to repay Settlement Class Members for their Lost Time and Out-of-Pocket Losses, three (3) years of free credit monitoring services for Settlement Class Members, ten (10) years of Pango’s Identity Defense Minor Service for Minor Subclass members, as well as for the Costs of Claims Administration, Plaintiffs’ service awards, and attorneys’ fees and expenses as awarded by the Court. ETCH has also agreed to undertake certain remedial measures and enhanced data security measures. To obtain a cash payment and/or free credit monitoring services from the Settlement, you must complete and return the Claim Form included in this mailing. For Minor Subclass members to obtain the Pango Identity Defense Services for minors, you must simply activate the code sent to you.
The Proposed Settlement Class Counsel will ask the Court for an Attorneys’ Fee and Expense award of up to one-third of the Settlement Fund, which is $511,500.00. The Attorneys’ Fee and Expense award is compensation for investigating the facts, litigating the case, and negotiating the Settlement. Proposed Settlement Class Counsel will also ask for $1,000 to be awarded to Plaintiffs listed above for their services rendered on behalf of the Class. This payment is called a “service award.”
Your legal rights are affected whether you act or don't. Read this notice carefully.
This Long Notice contains a summary of the proposed Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement available on this Settlement Website, or contact the Claims Administrator by calling toll-free 1-833-747-6027 or by writing to the following:
Blank v. East Tennessee Children's Hospital c/o Kroll Settlement Administration P.O. Box 225391 New York, NY, 10150-5391
Please do not contact the attorneys, the Court, or the clerk’s office to inquire about this Settlement or the claims process.
SETTLEMENT CLASS MEMBERS HAVE RIGHTS AND OPTIONS TO EXERCISE:
YOUR RIGHTS AND OPTIONS IN THIS SETTLEMENT
Settlement Class Members: Submit a Claim Form
You can receive an Alternative Cash Payment and/or credit monitoring services. You must submit a Claim Form by the Claims Deadline to receive these benefits.
February 17, 2024
Minor Subclass Members
You can receive the ten years of Pango Identity Defense Services by simply activating the code that was sent to you.
One (1) year after the Effective Date
Opt- Out Date
Get out of the lawsuit and the Settlement. This is the only option that allows you to ever bring or join another lawsuit raising the same legal claims against the Defendant. You will receive no Alternative Cash Payment and no credit monitoring services under this Settlement.
October 20, 2023
Write to the Court, with a copy to Proposed Class Counsel, about any aspect of the Settlement you don’t like or you don’t think is fair, adequate, or reasonable. (If you object to any aspect of the Settlement, you must submit a written objection and that objection must be received by the Objection Date. Your objection must follow all the procedures stated in the body of this notice under “How Do I Object To the Settlement?”)
October 20, 2023
Go to a Hearing
Speak in Court about the Settlement. (If you object to any aspect of the Settlement, you must submit a written objection by the Objection Deadline noted above. If you opt out of the Settlement, you cannot object.)
December 12, 2023
You will not receive an Alternative Cash Payment or the free credit monitoring services. You will also have no right to sue later for the claims released by the Settlement.
These rights and options - and the deadlines to exercise them - are further explained in this notice.
The Court in charge of this case still has to decide whether to approve the Settlement. Cash payments will be sent to Settlement Class Members only if the Court approves the Settlement. If there are appeals, cash payments will not be sent until the appeals are resolved and the Settlement becomes effective. Please be patient.
Final Approval Hearing On December 12, 2023, the Court will hold a hearing to determine: (1) whether the proposed Settlement should be approved as fair, reasonable, and adequate and should receive final approval; (2) whether Proposed Class Counsel’s application for an award of attorneys’ fees and expenses should be granted; and (3) whether Plaintiffs’ application for a service award payment should be granted. The hearing will be held in the Anderson County Courthouse before Judge Ryan M. Spitzer at100 N. Main Street, Suite 301, Clinton, TN 37716, and/or virtually. This hearing date and location may change without further notice to you. Consult this Settlement Website for updated information on the hearing date, location, and time.
This website is authorized by the Court, supervised by counsel and controlled by Kroll Settlement Administration, the Claims Administrator approved by the Court. This is the only authorized website for this case.
Kroll Settlement Administration, LLC P.O. Box 225391 New York, NY 10150-5391
Click here to safely and securely submit a Reminder Form.
Friday, October 20, 2023
You must complete and mail your request for exclusion form so that it is postmarked no later than Friday, October 20, 2023.
Friday, October 20, 2023
You must mail your objection(s) and/or notice of intent to appear at the Final Approval Hearing so that it/they are postmarked no later than Friday, October 20, 2023.
Final Approval Hearing Date.
Tuesday, December 12, 2023
The Final Approval Hearing is scheduled for Tuesday, December 12, 2023. Please check this website for updates.
Claim Form Deadline.
Saturday, February 17, 2024
You must submit your Claim Form online no later than Saturday February 17, 2024, or mail your completed paper Claim Form so that it is postmarked no later than Saturday, February 17, 2024.