Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give final approval to the Settlement. This Notice explains the nature of the litigation that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Christina Klineman of the Marion County Indiana Superior Court No. 1 is overseeing this case captioned as In re Eskenazi Health Data Incident Litigation, Case No. 49D01-2111-PL-038870. Each person or company who brought the litigation is called a Plaintiff. The company being sued, Eskenazi Health, is called a Defendant.
 

In the Action Plaintiffs allege liability of Defendant for the Data Incident under claims for breach of express contract, breach of implied contract, unjust enrichment, negligence, negligence per se, and breach of fiduciary duty.

Defendant denies liability for any claims asserted in this litigation and further denies any wrongdoing. No Court or other judicial entity has made any judgment or other determination that anything wrong was done by Defendant.

In a class action, one or more people called Class Representatives or Representative Plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a “Class” or, if settling, a “Settlement Class,” and the individuals are called “Class Members.” One court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the Settlement in the Agreement. By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Settlement also avoids the cost and risk of a trial and related appeals, while providing benefits to Class Members. The Class Representatives appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) believe the proposed Settlement is fair, reasonable, adequate, and in the best interest for all Class Members.

You are affected by the Settlement and are potentially a Class Member if you are identified on the Class List, which means you are one of the named Plaintiffs or were sent written notification from Eskenazi Health that your Personal Information was posted on the dark web as a result of the Data Incident.

Only Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are all persons who timely and validly request exclusion from the Settlement Class, the Judge assigned to evaluate the fairness of this Settlement, and 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.

If you are not sure whether you are included in the Settlement, you may call (833) 522-1901 with questions. You may also write with questions to:

In re Eskenazi Health Data Incident Litigation 
c/o Kroll Settlement Administration LLC 
PO Box 225391 
New York, NY 10150-5391

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT 
OR THE LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, 
ESKENAZI HEALTH, OR ESKENAZI HEALTH’S COUNSEL
THE SETTLEMENT BENEFITS—WHAT YOU GET IF YOU QUALIFY

The Settlement provides for Defendant to pay $2,500,000 into a non-reversionary Settlement Fund. After the distribution of Attorneys’ Fees Amount, Class Counsel’s litigation expenses, Costs of Notice and Administration, and Service Awards to the Class Representatives, the remaining funds (the “Net Settlement Fund”) will be used to pay for valid claims for: (a) Out-of-Pocket Losses (b) Lost Time (c) Pro Rata Cash Payment; and (d) Identity Theft Protection Services. Note that in the event total valid claims for items (a), (b), and (d) would cause more than half of the Net Settlement Fund to be used up, the payments for items (a) and (b) will be reduced to insure no less than half of the Net Settlement Fund is available for the Pro Rata Cash Payments.

If there are unclaimed finds, the Settlement Administrator will make a cy pres payment subject to adjustment, out of any remaining funds to one or more non-profit charities approved by the Court.

Payment of Attorneys’ Fees Amount (see Question 19) and the Costs of Notice and Administration of the Settlement will also be paid out of the Settlement Fund.

Class Members who submit a valid claim are eligible to receive under the Agreement:

a)    Reimbursement for Out-of-Pocket Losses: All Class Members are eligible to recover compensation for up to $5,000 per person for Out-of-Pocket Losses incurred as a result of the Data Incident, including but not limited to:

• bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), miscellaneous qualified expenses subject to explanation, such as postage, notary, fax, copying, mileage, and/or gasoline for local travel;
   
• fees for credit reports, credit monitoring, and/or other identity theft insurance product purchased between May 19, 2021, and January 27, 2025. Class Members submitting claims for Out-of-Pocket Losses must submit documentation supporting their claims by an attestation, which is part of the Claim Form.

b)    Reimbursement for Lost Time: Class Members may make a claim for self-certified time spent related to the effects or potential effects of the Data Incident. Each Class Member may claim up to $80 of Lost Time (calculated at $20/hour, up to 4 hours) by simply attesting to the fact that they expended such time and describing how the time was spent.

c)    Pro Rata Cash Payment: Any Class Member may submit a claim for a Cash Payment paid out pro rata based on the number of valid claims (subject to increase based on the total Net Settlement Fund remaining after payment of all other claim types).

d)    Identity Theft Protection Services: In addition to the benefits above, Class Members can receive 3 years of credit monitoring and Identity Theft Protection Services (including $1,000,000 in identity theft insurance) at no cost.

To receive a Settlement Benefit under the Settlement, you must complete and submit a claim online at www.eskenazidatasettlement.com, or by mail to In re Eskenazi Health Data Incident, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by January 27, 2025 or by mail to be postmarked by January 27, 2025.

The Settlement Administrator will decide whether and to what extent any claim made on each Claim Form is valid. The Settlement Administrator may require additional information from you. If you do not provide the additional information in a timely manner, the claim will be considered invalid and will not be paid.

The Court will hold a hearing on November 4, 2024, at 2:00 p.m. ET to decide whether to approve the Settlement. You do not need to attend. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all of the Claim Forms to be processed. Please be patient.

The Defendant and possibly related entities get a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Class Member and you will give up your right to sue the Released Parties for claims related to the Data Incident.

The full release is described in the Agreement, which is available at
www.eskenazidatasettlement.com. If you have any questions, you can contact the law firms listed in Question 18 for free or you can talk to your own lawyer.

EXCLUDING YOURSELF FROM THE SETTLEMENT

If you do not want to be part of the Settlement, then you must take steps to exclude yourself from the Settlement Class. This is sometimes referred to as “opting out” of the Settlement Class.
 

No. If you exclude yourself, you will not be entitled to receive any benefits and you will not be bound by any judgment.

No. Unless you exclude yourself, you give up any right to sue any Released Persons for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the Agreement

To exclude yourself, send a letter or request to opt out that says you want to be excluded from the Settlement in In re Eskenazi Health Data Incident Litigation, Case No. 49D01-2111-PL-038870. The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Agreement. You must mail your exclusion request to be postmarked by the Deadline to Opt-Out, September 30, 2024, to:

In re Eskenazi Health Data Incident Litigation 
c/o Kroll Settlement Administration LLC 
PO Box 225391
New York, NY 10150-5391

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. To object, you must mail your objection to the Settlement Administrator at the mailing address listed below, to be postmarked by no later than the Deadline to Object, September 30, 2024, to:

Objections to In re Eskenazi Health Data Incident Litigation 
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

The Settlement Administrator will forward your objection and any accompanying documentation to Class Counsel and counsel for Defendants, and Class Counsel will file it with the Court.

Your objection must be written and must include all of the following: (i) your full name and address; (ii) the case name and docket number, In re Eskenazi Health Data Incident Litigation, Case No. 49D01-2111-PL-038870; (iii) information identifying you as a Class Member; (iv) a statement as to whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; (v) a detailed written statement of the specific legal and factual basis for each and every objection, accompanied by any legal support for the objection the objector believes applicable; (vi) the identity of any counsel representing you in connection with the objection; (vii) a statement whether you intend to appear at the Final Approval Hearing, either in person or through counsel; (viii) a list of all persons who will be called to testify at the Final Approval Hearing in support of the objections and any documents to be presented or considered; and (ix) your signature or the signature of the duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.
 

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the Settlement. If you exclude yourself, you have no basis to object because you are no longer a Class Member, and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Lynn A. Toops of Cohen & Malad, LLP, as Class Counsel to represent the Settlement Class in Settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for an award for Attorneys’ Fees Amount not to exceed one-third of the Settlement Payment ($833,333.33), plus reasonable expenses. This payment for Attorneys’ Fees Amount will be made out of the Settlement Fund.

Class Counsel will also ask the Court for a Service Award Amount up to $2,500 for each of the Class Representatives.

Any award for Attorneys’ Fees Amount for Class Counsel, and for Service Award Amount to the Class Representatives must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of final approval of the Settlement will be filed no later than October 28, 2024, and their motion for Attorneys’ Fees Amount, and Service Award Amount will be filed no later than October 28, 2024, and will be posted on the Settlement Website.

The Court will hold a Final Approval Hearing at 2:00 p.m. ET on November 4, 2024, at the Community Justice Campus, 675 Justice Way, Indianapolis, IN 46203, or by remote or virtual means as ordered by the Court. You do not need to attend, but you can if you wish. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of Attorneys’ Fees and reasonable costs and expenses, as well as the request for Service Awards for the Class Representatives. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking the Settlement Website www.eskenazidatasettlement.com, or calling (833) 522-1901.

No. Class Counsel will present the Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required.

If you do nothing, you will not get any money from this Settlement. If the Settlement is granted Final Approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants or the other Released Persons based on any of the Released Claims.

This Settlement Website summarizes the Settlement. More details, and definitions for certain capitalized terms in this Notice, are in the Agreement itself. A copy of the Agreement is available in the Documents section of this Settlement Website. You may also contact the Settlement Administrator with any questions or to receive a Claim Form by calling (833) 522-1901 or via the Contact Us page.

Additionally, if you have experienced a change of address, please contact us and provide both your current and previous addresses.