Patients and employees affected by a 2024 data breach may be eligible for compensation and medical data monitoring.
What happened
Boston Children’s Health Physicians LLP (BCHP) has agreed to a $5.15 million class action settlement after a cyberattack on its IT provider, ATSG Inc., exposed the sensitive information of approximately 918,000 patients and employees. The September 2024 incident led to a lawsuit alleging that BCHP failed to adequately protect private data. BCHP and ATSG deny any wrongdoing but settled the case to avoid further litigation.
Going deeper
Class members include anyone who received direct or indirect notice from BCHP that their data may have been impacted. This includes both patients and employees, and in some cases, parents or guardians who received the notice on someone’s behalf.
Two types of cash claims are available:
- Cash Payment A (Documented losses): Up to $5,000 for out-of-pocket expenses supported by receipts or official documentation.
- Cash Payment B (Undocumented losses): Estimated at $100 per person, though the final amount could rise to $350 or decrease depending on the total number of approved claims.
In addition to monetary compensation, all eligible class members may opt in for two years of Cyex Medical Shield Medical Data Monitoring. This includes identity monitoring, real-time alerts, and insurance coverage up to $1 million for medical identity theft.
The big picture
According to the settlement website, a proposed $5,150,000 class action Settlement has been authorized in the case Noni Wahab, et al. v. Boston Children’s Health Physicians, LLP, et al., pending in the Supreme Court of New York. The lawsuit claims BCHP and ATSG did not implement sufficient safeguards to protect health data, though both defendants “deny any wrongdoing whatsoever.” They agreed to settle to avoid the time and cost of continued litigation, with Kroll Settlement Administration LLC managing the claims process. Class members must submit claims by November 25, 2025, selecting either electronic payment or a mailed check, and a final approval hearing is scheduled for December 10, 2025. Payouts are expected to begin about 61 days after court approval, barring any appeals.
FAQs
What is Cyex Medical Shield and what does it include?
Cyex Medical Shield is a medical identity monitoring service that offers real-time alerts for suspicious activity and up to $1 million in insurance coverage for medical identity theft. It is available to all eligible class members for two years at no cost.
How do I find my class member ID to file a claim?
Your class member ID can be found on the email or postcard notification sent to you about the settlement. If you misplaced it, contact the settlement administrator for assistance.
Can I file a claim if I don’t have receipts for my losses?
Yes. You can file a claim under Cash Payment B, which does not require documentation. The estimated payout is $100, though it may vary depending on how many people file.
What happens if I miss the deadline to file a claim?
If you do not file your claim by November 25, 2025, you will forfeit your right to receive a payment or benefit under the settlement.
Will accepting the settlement affect my right to sue BCHP later?
Yes. By accepting the settlement and not opting out by November 10, 2025, you waive your right to pursue separate legal action related to the data breach.