Kappotis, et al. v. North Shore Pain Management

A proposed settlement has been reached in a lawsuit entitled Kappotis v. North Shore Pain Management, 2077-CV-00611C (Essex County. Mass. Super. Ct.), pending in the Essex County Massachusetts Superior Court. The lawsuit alleges that on or about April 17, 2020, Resolve I.T., Inc. (“Resolve IT”) was the victim of a ransomware attack resulting in access by an unauthorized third party to certain computer servers which contained protected health information of patients of North Shore Pain Management, LLC (“North Shore”). Resolve IT and North Shore maintain that they had meritorious defenses and were prepared to vigorously defend the lawsuit.

The lawsuit alleges that on or about April 17, 2020, Resolve I.T., Inc. (“Resolve IT”) was the victim of a ransomware attack resulting in access by an unauthorized third party to certain computer servers which contained protected health information of patients of North Shore Pain Management, LLC (“North Shore”). This incident will be referred to herein as the Data Security Incident.” Resolve IT and North Shore maintain that they had meritorious defenses and were prepared to vigorously defend the lawsuit. The settlement is not an admission of wrongdoing or an indication that Resolve IT or North Shore violated any laws. 

The settlement is not an admission of wrongdoing or an indication that Resolve IT or North Shore violated any laws, but rather the resolution of disputed claims. Resolve IT and North Shore encourage all persons who qualify as members of the Settlement Class to participate in the Settlement. 

WHAT BENEFITS ARE INCLUDED IN THE SETTLEMENT?

• Defendants have agreed to provide a comprehensive 3-year Credit Monitoring Product to all Class Members, as well as offer up to $200,000 of cumulative compensation to Class Members for payments of valid claims for Lost Time  and documented Economic Losses
• Alternatively, Defendants will offer an Alternative Cash Payment of up to Twenty-Five Dollars per person ($25.00), subject to an aggregate cap of $200,000, which each Class Member can elect to receive in lieu of receiving the other offerings such as Credit Monitoring and recovery of economic Losses. If a Class Member elects this option, he/she shall be entitled to a payment of up to $25.00, and in so doing elects to decline the other offerings such as credit monitoring and recovery of economic losses.
• All Class Members will receive, at no cost, unique codes to activate a Credit Monitoring Product for a period of 36 months, which will include identity theft insurance coverage with a limit of no less than $1,000,000. If a Class Member activates his or her unique Credit Monitoring Product code, he/she shall forfeit any claim for an Alternative Cash Payment of up to $25.00.
• Any Class Member may submit one or more claims for reimbursement of lost time or documented economic losses related to the Data Security Incident that have not been previously reimbursed by any third party, up to an aggregate total of $150.00 per Class Member, subject to an aggregate cap of $200,000.
• Such losses may include out-of-pocket expenses fairly traceable to the Data Security Incident, fees for credit reports, and self-certified and documented lost time associated with responding to the Data Security Incident.
• In addition, any Class Member may submit a claim for reimbursement of extraordinary economic losses of up to $1,500 per Class Member, subject to an aggregate cap of $200,000.  
• Such claims will only be valid if the losses exceed all available credit monitoring insurance and identity theft insurance previously provided to the Class Member as part of this Settlement.
• If the aggregate cap of $200,000 is insufficient to cover the claims of all Class Members, the Claims will be reduced on a pro rata (equal share) basis.

HOW DO I RECEIVE SETTLEMENT BENEFITS?

All Settlement Class Members are being provided access to 36 months of a Credit Monitoring Product offered by IDX, including credit monitoring, dark web monitoring, up to up to $1,000,000 in identity theft insurance, and identity recovery and restorations services.  These services will be provided for a period of 36 months from activation without the need for Class Members to submit a Claim Form.

However, you will need to activate these services using a unique IDX redemption code at https://app.idx.us/account-creation/protect. If you have questions about the product, need assistance with the services included, or would like an alternative to enrolling in IDX online, please contact IDX’s customer care team at 1-866-329-9984.

To  receive an additional or alternative monetary payment  from  the Settlement Fund,  you  must file a  Claim  Form.    Please  read  the instructions carefully, fill out the Claim Form, provide reasonable documentation (where applicable), and submit it online or mail it postmarked no later than January 13, 2023, to: North Shore Data Breach Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103. You may request a claim form by mail by calling 1-855-554-5225.