In re Geisinger Health Data Security Incident Litigation

The Court directed that the Notice be provided because you have a right to know about a proposed settlement that has been reached in this proposed 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 and credit monitoring codes 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 United States District Court for the Middle District of Pennsylvania. The case is known as In re Geisinger Health Data Security Incident Litigation, No. 4:24-cv-01071 (the “Lawsuit”). The people who filed the lawsuit are called the Plaintiffs and the entities they sued, Geisinger Health and Nuance Communications, Inc., are called the Defendants.

The lawsuit claims that Defendants were responsible for failing to prevent the Data Incident and asserts claims such as: negligence; negligence per se; breach of fiduciary duty (against Geisinger only); breach of implied contract; breach of third-party beneficiary contract; unjust enrichment; and declaratory and injunctive relief. The lawsuit seeks, among other things, payment for persons who were injured by the Data Incident.
 

Defendants have denied and continue to deny all of the claims made in the lawsuit, as well as all charges of wrongdoing or liability against them.

In a class action, one or more people called class representatives sue on behalf of people who they allege 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 class. The Class Representatives in this case are Amber Lopez, Thomas Wilson, Brenda Everett, Ralph Reviello, and James Wierbowski.

The Court did not decide in favor of the Plaintiffs or Defendants. Instead, Plaintiffs negotiated a settlement with Defendants that allows both Plaintiffs and Defendants 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 payments 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 Defendants did anything wrong.

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 Defendants pertaining to the Data Incident.

Yes. Specifically excluded from the Settlement Class are Geisinger’s and Nuance’s officers and directors, as well as (i) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (ii) the judges assigned to the Litigation to evaluate the fairness, reasonableness, and adequacy of this settlement; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding or abetting the criminal activity related to the Data Incident or who pleads nolo contendere to any such charge.

Defendants will create a Settlement Fund of $5,000,000.00, which will be used to pay for (i) reasonable Notice and Claims Administration Costs incurred pursuant to the Settlement Agreement as approved by the Parties and approved by the Court; (ii) any taxes owed by the Settlement Fund; (iii) any Service Awards approved by the Court; (iv) any attorneys’ fees, costs, and expenses as approved by the Court; and (v) any benefits to Settlement Class Members, pursuant to the terms and conditions of the Settlement.

Settlement Class Members are eligible to make a claim for one year of Credit/Medical Monitoring and Identity Theft Protection Services, plus one of the following cash Settlement Payments:

• Pro rata Alternative Cash Payments in amounts to be determined in accordance with the terms of the Settlement; or
• Cash Payments of up to $5,000 for reimbursement of certain documented Out-of-Pocket Losses.

The benefits to Settlement Class Members are explained below:
 

Credit/Medical Monitoring and Identity Theft Protection Services: Settlement Class Members are eligible to receive one year of three-bureau Credit/Medical Monitoring and Identity Theft Protection Services, free of charge. The Credit/Medical Monitoring and Identity Theft Protection Services will have the following features, at minimum:
a. Real time monitoring of the credit file at all three major credit bureaus;

a. Real time monitoring of the credit file at all three major credit bureaus;
b. Identity theft insurance (no deductible) of $1,000,000;
c. Dark web monitoring;
d. Medical record monitoring;
e. Health insurance plan number monitoring;
f. Medical beneficiary identifier monitoring;
g. Health savings account monitoring; and
h. Access to fraud resolution agents to help resolve identity theft.
 

Reimbursement for Out-of-Pocket Losses

Settlement Class Members may submit a claim for up to Five Thousand Dollars and No Cents ($5,000.00) per individual for documented Out-of-Pocket Losses. To receive reimbursement for Out-of-Pocket Losses, the Out-of-Pocket Loss must: (i) be an actual, documented, and unreimbursed monetary loss; (ii) be more likely than not caused by the Data Incident; and (iii) have occurred between November 29, 2023, and March 18, 2026. Compensation for lost time requires only an attestation that any claimed lost time was spent related to the Data Incident. The categories of reimbursable out-of-pocket losses include, but are not limited to:

a. Unreimbursed fraud;
b. Long-distance telephone charges;
c. Cell phone minutes (if charged by the minute);
d. Internet usage charges (if charged by the minute or incurred solely as a result of the Data Incident);
e. Credit monitoring or fraud resolution services purchased after the Data Incident;
f. Costs of credit reports;
g. Bank or other financial institution charges incurred as a result of the Data Incident; and
h. Other losses reasonably incurred as a result of the Data Incident.
 

Alternative Cash Payment: As an alternative to a claim for Reimbursement for Out-of-Pocket Losses (described above), Settlement Class Members may submit a claim to receive a pro rata cash payment from the Settlement Fund (“Alternative Cash Payment”). The amount of the Alternative Cash Payment will be calculated in accordance with the Settlement Agreement, which provides for a distribution of the Settlement Fund to first cover other costs and then distribute the remaining funds evenly amongst Settlement Class Members who elected to receive an Alternative Cash Payment.

To ask for a payment, you must complete and submit a Claim Form. Claim Form is available at document section, where you may also submit your Claim Form online at here. You may also request one by mail by calling (833) 420-3818. Read the instructions carefully, fill out the Claim Form, and either submit it online or mail it postmarked no later than March 18, 2026 to:

Settlement Administrator - 83320
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

The Settlement Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Settlement 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.

Additional information regarding the claims process can be found in Section VI of the Settlement Agreement, available at here.

The Court has scheduled a Final Approval Hearing at 11:00 a.m. on March 16, 2026 (though this date may change), 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.

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 March 18, 2026.

If the Settlement becomes final, you will give up your right to sue Defendants for the claims being resolved by this Settlement. The specific claims you are giving up against Defendants are described in Section XV of the Settlement Agreement. You will be “releasing” Defendants and all related people or entities as described in Section XV of the Settlement Agreement. The Settlement Agreement is available at here.
 

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 attorneys listed in Question 16 for free or you can talk to your own lawyer at your own expense.

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 Defendants 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. Your 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, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (c) state unequivocally your intent to be excluded from the Settlement Class and from the Settlement. You must mail your exclusion request postmarked no later than February 17, 2026 to:
 

Settlement Administrator - 83320
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

Yes. The Court appointed Ben Barnow of Barnow and Associates, P.C., and Benjamin F. Johns of Shub Johns & Holbrook LLP 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 not to exceed $1,666,666.67, in addition to reasonable costs and expenses incurred in prosecuting the Litigation. Class Counsel will also request approval of Service Awards of $2,000.00 each for the Class Representatives. 

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.

Your objection must:

1. identify the case name and number;
2. state your full name, current address, and telephone number;
3. contain your original signature;
4. state that you object to the Settlement, in whole or in part;
5. set forth a statement of the legal and factual basis for the Objection; and
6. provide copies of any documents that you wish to submit in support of your position.
    

Your objection must also indicate whether you or your counsel have filed an objection to a class action settlement within the past three years, and if so, the case names and dockets of any such case.

Your objection must be filed with the Clerk for the Middle District of Pennsylvania, U.S. Courthouse and Federal Office Building, 240 West Third Street, Suite 218, Williamsport, PA 17701, and served upon Class Counsel and Defendant’s Counsel at the addresses below no later than February 17, 2026.
 

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 will hold a Final Approval Hearing at 11:00 a.m. on March 16, 2026, in the United States District Court for the Middle District of Pennsylvania, Herman T. Schneebeli Federal Bldg. & U.S. Courthouse, 240 West Third Street, Suite 218, Williamsport, PA 17701. 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 18). The Court will also decide whether to approve fees, expenses, and reasonable litigation costs to Class Counsel, and the Service Awards 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 Approval Hearing. To do so, you must follow the instructions provided in Question 18 above. You cannot speak at the hearing if you exclude yourself from the Settlement.

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. This means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants or Related Persons about the issues involved in the Litigation, resolved by this Settlement, and released by the Settlement Agreement.

Yes. The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available here, or by writing to the Settlement Administrator - 83320, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324.

Review the information available on this Settlement Website, call (833) 420-3818, or write to the Settlement Administrator - 83320, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324.
 

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 Litigation.