The Court directed that this Notice be provided because you have a right to know about a proposed settlement that has been reached in this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. If the Court approves the Settlement, and after objections or appeals, if any, are resolved, the Settlement Administrator appointed by the Court will distribute the payments that the Settlement allows. This Notice explains the lawsuit, the Settlement, your legal rights, what payments are available, who is eligible for them, and how to get them.
The Court in charge of this case is the 18th Judicial Circuit, DuPage County, Illinois. The case is known as Hestrup et al. v. DuPage Medical Group, Ltd. d/b/a DuPage Medical Group, Consolidated Case No. 2021L937 (the “Lawsuit”). The people who filed the Lawsuit are called the Plaintiffs and the entity they sued, DuPage Medical Group, Ltd. d/b/a DuPage Medical Group, is called the Defendant.
The Lawsuit claims that the Defendant was responsible for the Data Incident and asserts claims such as: negligence, breach of express and implied contract, breach of fiduciary duty, and violation of Illinois’s consumer protection laws. The Lawsuit seeks, among other things, payment for persons who were injured by the Data Incident.
Defendant has denied and continues to deny all of the claims made in the Lawsuit, as well as all charges of wrongdoing or liability against it.
In a class action, one or more people called Class Representatives sue on behalf of people who have similar claims. Together, all these people are called a Class or Class members. One Court and one judge resolves the issues for all Class members, except for those who exclude themselves from the Settlement Class.
The Court did not decide in favor of the Plaintiffs or Defendant. Instead, the Plaintiffs negotiated a settlement with Defendant that allows both the Plaintiffs and Defendant to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of a trial and appeals. It also allows Settlement Class members to obtain payment and credit monitoring services without further delay. The Class Representatives and their attorneys think the Settlement is best for all Settlement Class members. This Settlement does not mean that Defendant did anything wrong.
Who is Included in the Settlement
You are part of this Settlement as a Settlement Class member if your personal information was compromised in the Data Incident or you previously received a notification from Defendant pertaining to the Data Incident.
Yes. Specifically excluded from the Settlement Class are: (i) Defendant and its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge assigned to evaluate the fairness of this settlement; and (iv) 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 contendre to any such charge.
The Settlement Benefits
The Settlement will provide payments and credit monitoring services to people who submit valid claims. The Settlement also provides for equitable relief in the form of data security enhancements.
Settlement Class Members can claim (i) up to $150 for Ordinary Expense Reimbursements (FAQs 8); (ii) Lost Time of up to 3.5 hours (Question 8, below); (iii) up to $5,000 in Extraordinary Expense Reimbursements (FAQs 8). You may submit a claim for any or all of these types of payments. In order to claim each type of payment, you must provide related documentation with the Claim Form. Settlement Class Members can also make a claim for (iv) up to 24-months of credit monitoring and identity protection services (FAQs 9).
Alternately, Class Members can forego these benefits in exchange for a one-time Cash Payment of approximately $50, subject to proration.
The Settlement also provides that Defendants has made, and will, for two years continue to make, significant data security enhancements.
Class Members are eligible to receive reimbursement of up to $150 (in total) for the following categories of documented out-pocket expenses resulting from 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),
- gasoline for local travel
Class Members can also receive reimbursement of fees for credit reports, credit monitoring, or other identity theft insurance products, purchased between August 30, 2021 and the date of the close of the claims period.
In addition to these reimbursements, Settlement Class Members may make a claim for up to three and a half (3.5) hours of lost time spent dealing with the Data Incident, to be paid out at $25 per hour. Such time can include, e.g.:
- time spent dealing with replacement card issues, reversing fraudulent charges, rescheduling medical appointments and/or finding alternative medical care and treatment, retaking or submitting to medical tests, locating medical records, retracing medical history, and any other demonstrable form of disruption to medical care and treatment, but only if at least one full hour was spent.
Settlement Class Members may also make a claim for up to $5,000 in Extraordinary Expense Reimbursements.
Claims for Ordinary Expense Reimbursements, Lost Time, and Extraordinary Expense Reimbursements must be supported by reasonable documentation.
Class Members who submit a valid claim are eligible to enroll in a total of 24-months of credit monitoring services through IDX. IDX services include: (i) Real time monitoring of the credit file at all three major credit bureaus; (ii) Identity theft insurance (no deductible) of $1,000,000; and (iii) Access to fraud resolution agents to help resolve identity thefts.
More details are provided in the Settlement Agreement, which is available on the Important Documents page.
How to Get Benefits
To ask for a payment, you must complete and Submit a Claim Form. Claim Forms are available the Important Documents page where you may also submit your Claim Form online. You may also request one by mail by calling 1-844-595-0553. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than November 29, 2022 to:DuPage Medical Group Data Incident Claims Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may require additional information from any claimant. If the required information is not timely provided, the claim will be considered invalid and will not be paid.
The Court will hold a Final Fairness Hearing at 9:00 a.m. on November 14, 2022 to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether any appeals can be resolved favorably, and resolving them can take time. It also takes time for all the Claim Forms to be processed, depending on the number of claims submitted and whether any appeals are filed. Please be patient.
Remaining in the Settlement
You do not have to do anything to remain in the Settlement, but if you want a payment or credit monitoring services you must submit a Claim Form postmarked or submitted online by November 29, 2022.
If the Settlement becomes final, you will give up your right to sue DMG for the claims being resolved by this Settlement. The specific claims you are giving up against DMG are described in Section XIV of the Settlement Agreement. You will be “releasing” DMG and all related people or entities as described in Section XIV of the Settlement Agreement. The Settlement Agreement is available on the Important Documents page.
The Settlement Agreement describes the released claims with specific descriptions, so read it carefully. If you have any questions about what this means you can talk to the law firms listed in FAQs 18 for free or you can, of course, talk to your own lawyer at your own expense.
Excluding Yourself from the Settlement
If you do not want a payment from this Settlement, but you want to keep the right to sue DMG about issues in the Litigation, then you must take steps to get out of the Settlement Class. This is called excluding yourself from - or is sometimes referred to as "opting out" of - the Settlement Class.
No. If you exclude yourself from the Settlement, you will not be entitled to any benefits of the Settlement, but you will not be bound by any judgment in this case.
No. Unless you exclude yourself from the Settlement, you give up any right to sue DMG 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 a payment.
To exclude yourself from the Settlement, you must send a letter by mail stating that you want to be excluded from the Settlement in Hestrup et al. v. DuPage Medical Group, Ltd. d/b/a DuPage Medical Group, Consolidated Case No. 2021L937. Your letter must also include your name, address, and signature. You must mail your exclusion request postmarked no later than October 30, 2022:DuPage Medical Group Data Incident Settlement Administrator
P.O. Box 58220
Philadelphia, PA 19102
The Lawyers Representing You
Yes. The Court appointed Todd S. Garber, of Finkelstein, Blankinship, Frei-Pearson & Garber, LLP located at One North Broadway, Suite 900, White Plains, New York 10601; Ben Barnow of Barnow and Associates, P.C. located at 205 W. Randolph St., Ste. 1630, Chicago, IL 60606; and Seth A. Meyer of Keller Postman LLC, located at 150 N. Riverside Plaza, Suite 4100, Chicago, Illinois 60606, to represent you and other Settlement Class members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
If the Settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees in the amount of $1,000,000 and reasonable litigation costs and expenses. Class Counsel will also request approval of a service award of $3,000 for each of the nine Class Representatives. If approved, these amounts, as well as the costs of notice and settlement administration, will be taken from the settlement amount prior to payments made to the Settlement Class members.
Objecting to the Settlement
You can tell the Court that you do not agree with the Settlement or some part of it.
If you are a Settlement Class member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve the Settlement. The Court will consider your views before making a decision. To object, you must file with the Court and mail copies to Class Counsel and Defendant’s Counsel a written notice stating that you object to the Settlement in Hestrup et al. v. DuPage Medical Group, Ltd. d/b/a DuPage Medical Group,, Consolidated Case No. 2021L937.
Your objection must:
- set forth the Settlement Class Member’s full name, current address, and telephone number;
- contain the Settlement Class Member’s original signature;
- state that the Settlement Class Member objects to the Settlement, in whole or in part;
- set forth a statement of the legal and factual basis for the Objection; and
- provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position.
Your objection must be filed with the Clerk of the Circuit Court for DuPage County, 18th Judicial Circuit, 421 N. County Farm Road, Wheaton, IL 60187 and served upon Class Counsel and Defendant’s Counsel at the addresses below no later than October 30, 2022.
Barnow and Associates, P.C.
205 W. Randolph St., Suite 1630
Chicago, Illinois 60606
Mullen Coughlin LLC
309 Fellowship Road, Suite 200
Mt. Laurel, NJ 08054
Objecting is telling the Court that you do not like something about the Settlement. Excluding yourself is telling the Court that you do not want to be part of the Class in this Settlement. If you exclude yourself from the Settlement, you have no basis to object or submit a Claim Form because the Settlement no longer affects you.
The Court’s Final Fairness Hearing
The Court will hold a hearing to decide whether to approve the Settlement. You may attend and you may ask to speak, but you do not have to. You cannot speak at the hearing if you exclude yourself from the Settlement.
The Court will hold a Final Fairness Hearing at 9:00 a.m., in Courtroom 2014 on November 14, 2022, in the 18th Judicial Circuit, DuPage County, Illinois, 505 N County Farm Road, Wheaton, IL 60187. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see Question 20). The Court will also decide whether to approve fees and reasonable litigation costs to Class Counsel, and the service award to the Class Representatives.
No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to come to Court to talk about it. You may also hire your own lawyer to attend, at your own expense, but you are not required to do so.
Yes, you may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must follow the instructions provided in FAQ 20 above. You cannot speak at the hearing if you exclude yourself from the Settlement.
If You Do Nothing
If you do nothing, you will not receive any compensation from this Settlement. If the Court approves the Settlement, you will be bound by the Settlement Agreement and the Release. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or related parties about the issues involved in the Lawsuit, resolved by this Settlement, and released by the Settlement Agreement.
Getting More Information
Yes. This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available at the Important Documents page, or by writing to the DuPage Medical Group Data Incident Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
Check back on this website, call 1-844-595-0553, or write to the DuPage Medical Group Data Incident Settlement Administrator, 1650 Arch Street, Suite 2210, Philadelphia, PA 19103.
Please do not call the Court or the Clerk of the Court for additional information.
They cannot answer any questions regarding the Settlement or the Lawsuit.