Martinez, et al. v. Presbyterian Healthcare Services
Second Judicial District of Bernalillo County, New Mexico
Case No. D-202-CV-2020-01578
Second Judicial District of Bernalillo County, New Mexico
Case No. D-202-CV-2020-01578
UPDATE: The Final Fairness Hearing has been rescheduled for June 6, 2024 at 10:00 a.m. MT via Zoom. Please refer to the Order which was entered on May 5, 2024 for further details, including a link and QR code for access to this hearing.
NOTICE OF CLASS ACTION AND PROPOSED SETTLEMENT
A class action settlement has been reached in the case of Martinez, et al. v. Presbyterian Healthcare Services, Case No. D-202-CV-2020-01578, pending in the Second Judicial District, County of Bernalillo before the Honorable Marie Ward.
The lawsuit arises out of a third party’s unauthorized access of certain employee email boxes maintained by Presbyterian Healthcare Services (“Defendant”) containing personally identifiable information (“PII”) and protected health information (“PHI”), as defined by the Health Insurance Portability and Accountability Act of 1995, 42 U.S.C. 1320d et seg. of certain current and former patients and/or health plan members (the “Data Incident”) discovered by PHS around June 6, 2019. PHS denies wrongdoing and liability in connection with the allegations in the Litigation.
On January 19, 2024, the Court preliminarily approved this settlement (the “Settlement”) and, by agreement of the parties to the lawsuit (the “Parties”), certified this lawsuit to proceed as a class action for settlement purposes only. A full copy of the Settlement Agreement may be reviewed on the Documents page of this website. This page contains only a summary of the Settlement Agreement.
If you received notice from PHS notifying you that your PII and/or PHI was potentially compromised in the Data Incident discovered by PHS around June 6, 2019, you are a Settlement Class Member. Excluded from the Settlement Class are all those persons who timely and validly request exclusion from the Settlement Class, as well as: (i) officers and directors of PHS and/or the Related Entities; (ii) the members of the judiciary who have presided or are presiding over this matter and their families and staff; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. A full copy of the Second Amended Class Action Complaint may be reviewed on the Documents page of this site.
If you are a Settlement Class Member, then you may be entitled to compensation and/or credit monitoring services benefits under the terms of the Settlement. If you are a Settlement Class Member and you wish to file a Settlement Claim, object to the Settlement, or exclude yourself from the Settlement, you must follow the procedures contained in the Settlement Agreement and outlined on this website.
This website is to advise you of the status of the lawsuit, the terms of the proposed settlement, and your rights in connection with the settlement. This is not a lawsuit against you.
| YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT |
| ACTION | EXPLANATION | DUE DATE |
| DO NOTHING | You will be included in the Settlement Class but receive no benefits. You will be bound by the Court's Judgement of dismissal and Release Claims against PHS relating to the Data Incident | No deadline |
| SUBMIT A CLAIM FORM | Settlement Class Members can choose to submit a Settlement Claim to receive settlement benefits. You must submit a Valid Claim to the Claims Administrator to receive any benefits from this Settlement. For more information about submitting a Settlement Claim, click here. | DEADLINE PASSED on May 16, 2024 |
| ASK TO BE EXCLUDED | If you choose to exclude yourself (i.e., opt out), you will not be included in the Settlement. You will receive no benefits and you will not release any claims you may have against PHS/Released Entities relating to the Data Incident. | DEADLINE PASSED on April 16, 2024 |
| OBJECT | If you wish to object to the Settlement, you must timely submit written notice of your objection to the Clerk of the Court, and send a copy of your objected to the attorneys for the Parties. If you exclude yourself from the Settlement, you cannot file an objection. Settlement Class Members who do not timely make their objections in this manner will have deemed to have waived all objections and shall not be heard or have the right to appeal approval of the Settlement. If you file an objection and wish it to be considered, you must also appear at the Final Fairness Hearing, in-person or through counsel, to show cause as to why the proposed Settlement should not be approved as fair, reasonable, and adequate. | DEADLINE PASSED on April 16, 2024 |
