Martinez, et al. v. Presbyterian Healthcare Services

UPDATE November 19, 2024: Distribution of Settlement payments began today. Please negotiate or cash your check as soon as possible. All outstanding checks will be deemed void after February 17, 2024.

UPDATE November 12, 2024: The disbursement of all valid claims is scheduled for November 18, 2024. Thank you for your patience.

UPDATE: The Settlement received Final Approval on June 18, 2024. You may refer to the Final Approval Order for further details. The Claims Administrator is currently processing deficiency cures and payments will be sent following this process for all Valid Claims.

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.