V.C et al. v. Salinas Valley Memorial Healthcare System

The deadline to submit a claim form expired on November 14, 2022.



PARA ESPAÑOL, HAGA CLIC AQUÍ.

What is this Class Action About?

The Class Representative filed a complaint against Salinas Valley alleging that Salinas Valley acted unlawfully by failing to prevent the Data Breach which occurred between April 30, 2020 and June 5, 2020. The Class Action Complaint claimed that Salinas Valley failed to fulfill its legal duty to adequately secure and safeguard the information of the Class Representative and Class Members.

In her complaint, the Class Representative asserts claims for violations of the California Confidential Medical Information Act, Civil Code §§ 56 et seq.

Salinas Valley denies the allegations asserted by the Class Representative in the Action and contends that Salinas Valley was and is complying with applicable state law. The Court has not made any ruling on the merits of this case. The attorneys for the Class Representative and Salinas Valley have agreed to settle the Action, subject to the approval of the Court.

How do I know if I am part of the Settlement?

If you received a Notice, Salinas Valley’s records indicate that you are included in the Settlement Class. “Settlement Class” or “Settlement Class Members” means All citizens of the State of California whose personal data or medical information stored or possessed by Salinas Valley Memorial Healthcare System was potentially accessed by one or more authorized parties between April 30, 2020 and June 5, 2020. Excluded from the definition of Settlement Class or Settlement Class Members are all persons who validly opt out of the settlement by following the procedures set forth herein. More specifically, the Settlement Class includes all persons who were previously mailed the Notice of Data Breach. If you are not sure whether you are included, email us at SalinasValleyMemorialSettlement@cptgroup.com

What Does the Settlement Provide?

If the Court grants final approval, Salinas Valley will provide the following Settlement benefits to the Class Members:
  • Cash Payment: For those who submit a valid and timely claim form, a pro-rata cash distribution of up to $750.00 of the funds remaining in the Settlement Fund after payment of attorneys’ fees, costs, expenses, and other amounts approved or ordered by the Court. This means if you have out of pocket expenses or you spent time remediating the Data Breach that can reasonably be traced to the Data Breach, you can get a cash payment from the settlement fund.
  • Remedial Measures: Additional data security measures to be taken by Salinas Valley, including hiring third-party auditors to conduct regular penetration tests, maintaining firewalls and access control, providing regular training of all personnel relating to phishing and other security attacks and conducting regular computer system scanning and security checks.


YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

SUBMIT A CLAIM FORM
on or before
November 14, 2022.
If eligible, you will receive a cash payment.
EXCLUDE YOURSELF
on or before
August 11, 2022
If you ask to be excluded, you may be able to file your own lawsuit against Salinas Valley for the same claims. This is the only option that leaves you the right to file your own lawsuit against Salinas Valley for the claims that are being resolved by the Settlement. In order to be effective, a request to be excluded from the Settlement must include all information required by the Settlement.
OBJECT TO THE SETTLEMENT
on or before
August 11, 2022
You can remain in the Settlement Class and file an objection telling the Court why you do not like the Settlement. If your objections are overruled, you will be bound by the Settlement.
DO NOTHING
If you do nothing, you will not receive any cash payment. If you do nothing, you will also remain in the Settlement Class and forfeit your right to sue or bring any claim against Salinas Valley related to the Data Breach.