La’Que Burgin v. Saint Anthony Hospital

The Court authorized a Notice because you have right to know about Settlement, and all of your options, before the Court decides whether to give "Final Approval" to the Settlement. The Notice explains the nature of the Action that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.
 

The Circuit Court of Cook County Illinois, County Department, Chancery Division is overseeing this case captioned as La’Que Burgin v. Saint Anthony Hospital, Case No.: 2024CH00940. The people who brought the Action are called the Plaintiffs. The company being sued, Saint Anthony Hospital, is called the Defendant.

The Action alleges Defendant detected unusual activity in its computer systems and ultimately determined an unauthorized third party had accessed Defendant’s network and certain system files in December 2023. Defendant’s investigation confirmed the Data Incident involved 360,220 individuals’ Private Information, including: Social Security Numbers, admission dates, billing/claims information, dates of birth, discharge dates, provider names, financial account information, health insurance information, medical information, medical record numbers, patient ID numbers, patient account numbers, treatment information, and names (“Private Information”).

Defendants deny these claims and say they did nothing wrong. No court or other judicial entity has made any judgment or other determination that Defendants have done anything wrong.

In a class action, one or more people called “Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement 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. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to the Settlement Class. The “Class Representative” appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a Settlement Class Member if you are a person in the United States who was sent notification from Defendant that their Private Information was potentially compromised as a result of the Data Incident. Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are: (a) all persons who are governing board members of Defendant; (b) governmental entities; (c) the Court, the Court’s immediate family, and Court staff; and (d) any Settlement Class Members that has submitted an opt-out request.

If you are not sure whether you are included in the Settlement, you may call (833) 627-2646 with questions. You may also write with questions to:

Settlement Administrator – 83133
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

The Settlement provides that Defendant will pay $1,350,285 into a Settlement Fund which will be used to pay Settlement Class Member Benefits, Settlement Administration Costs, any Court-awarded attorneys’ fees, costs, and Service Awards to the Class Representatives. The Settlement Class Member Benefits consists of Cash Payments (either Cash Payment A for documented losses up to $5,000 or Cash Payment B which is a flat cash payment in the amount of $100) and Medical Monitoring.

Cash Payments will be subject to a pro rata increase from the Settlement Fund in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Settlement Fund, the amount of the Cash Payments may be reduced pro rata accordingly.

Also, as part of the Settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.

Settlement Class Members who submit a Valid Claim are eligible to receive:

a) Cash Payment A for documented losses: 

• Settlement Class Members may submit a claim for Cash Payment A for up to $5,000 per Settlement Cass Member upon presentment of documented losses related to the Data Incident.
• Settlement Class Members will be required to submit reasonable documentation supporting the losses;
• Settlement Class Members shall not be reimbursed for expenses if they have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring and identity theft protection product offered as part of the notification letter provided by Defendant or otherwise;
• If a Settlement Class Member does not submit reasonable documentation supporting a loss, or if their Claim is rejected by the Settlement Administrator for any reason, and the Settlement Class Member fails to cure his or her Claim, the Claim will be rejected and the Settlement Class Member’s Claim will be as if he or she elected Cash Payment B.

b) Cash Payment B – flat Cash Payment: As an alternative to Cash Payment A above, a Settlement Class Member may elect to receive Cash Payment B, which is a flat cash payment in the amount of $100.

c) Medical Monitoring: In addition to electing a Cash Payment, Settlement Class Members who have not already made a Claim for Credit Monitoring may elect Medical Monitoring for three years.

To receive a Settlement Class Member Benefit, you must complete and submit a Claim online HERE, or by mail to Settlement Administrator–83133, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by May 13, 2025, or by mail postmarked by May 13, 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.

Claim Forms that do not meet the terms and conditions of this Settlement shall be promptly rejected by the Settlement Administrator and the Settlement Administrator shall advise the Claimant or Settlement Class Member of the reason(s) why the Claim Form was rejected. However, if the Claim Form is rejected for containing incomplete or inaccurate information, and/or omitting required information, the Settlement Administrator may send a Notice of Deficiency explaining what information is missing or inaccurate and needed to validate the Claim and have it submitted for consideration.

As proof of Settlement Class membership, any Settlement Class Members filing an electronic Claim must submit the unique identifier provided by the Settlement Administrator. If the Settlement Class Member loses or does not receive a unique identifier, they may call the Settlement Administrator, and have their unique identifier issued or re-issued (as the case may be). Also, a Settlement Class Member without a unique identifier may submit a Claim Form for consideration to the Settlement Administrator in paper format, found on the Documents page of this website. The Settlement Administrator is authorized to use standard fraud-prevention techniques in reviewing claims for legitimacy and validity.

The Court will hold a hearing on April 28, 2025, at 9:30 a.m. ET to decide whether to approve the Settlement. 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 Claims Forms to be processed. Please be patient.

The Released Parties get a release from all claims covered by this settlement. Thus, if the Settlement becomes final and you do not opt-out of the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendant and its present and former parents, subsidiaries, divisions, departments, affiliates, predecessors, successors and assigns, and any and all of their past, present, and future directors, officers, executives, officials, principals,  stockholders, heirs, agents, insurers, reinsurers, members, attorneys, accountants, actuaries, fiduciaries, advisors, consultants, representatives, partners, joint venturers, licensees, licensors, independent contractors, subrogees, trustees, executors, administrators, predecessors, successors and assigns, and any other person acting on Defendant’s behalf, in their capacity as such (the “Released Parties”) for all known and unknown claims, demands, actions or causes of action that were asserted or that could have been asserted that are related in any way to the Data Incident (the “Released Claims”). These Releases are described in the Settlement Agreement. If you have any questions, you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.

No. If you opt-out, you will not be entitled to receive any Settlement Class Member Benefits and you will not be bound by any final judgment and order.

No. Unless you opt-out, you give up any right to sue any released person for the claims that this Settlement resolves. You must opt-out of 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 opt-out, do not submit a Claim Form to ask for any benefit under the Settlement.

To opt-out, send a letter that says you want to be excluded from the Settlement in La’Que Burgin v. Saint Anthony Hospital, Case No.: 2024CH00940. The letter or opt-out request must clearly manifest a person’s intent to opt-out of the Settlement Class. You must mail your opt-out request postmarked by March 28, 2025, to:

Settlement Administrator – 83133
c/o Kroll Settlement Administration LLC
PO Box 5324
New York, NY 10150-5324

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 to the Clerk of the Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the mailing addresses listed below, postmarked by no later than March 28, 2025:

 

Your objection must be written and must include all of the following: 

1. the objector’s full name, mailing address, telephone number, and email address (if any); 
2. all grounds for the objection, accompanied by any legal support for the objection; 
3. the number of times the objector has objected to a class action settlement within the 5 years, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections in each listed case; 
4. the identity of all counsel who represent the objector;
5. the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the 5 years, the caption of each case in which counsel or the firm has made such objection, and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections; 
6. any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity; 
7. the identity of all counsel (if any) representing the objector who will appear at the Final Approval Hearing; 
8. a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any); 
9. a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and 
10. the objector’s signature (an attorney’s signature is not sufficient).

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 Settlement Class Member. Opting-out 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 opt-out you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. If you submit both a valid objection and a valid opt-out request, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman PLLC, and William Howard of The Consumer Protection Firm 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 to approve the payment of attorneys’ fees of up to 33.33% of the Settlement Fund ($450,090), plus reimbursement of costs. This payment for attorneys’ fees and costs will come out of the Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court to approve a Service Award up to $3,000 for each of the Class Representatives.

Any attorneys’ fees and costs for Class Counsel, and for Service Awards to the Class Representatives must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards will be filed along with Plaintiffs’ Motion for Final Approval no later than March 14, 2025 and will be posted on this Settlement Website.

The Court will hold a Final Approval Hearing at 9:30a.m. ET on April 28, 2025, at the Circuit Court of Cook County, Illinois, County Department, Chancery Division, Richard J. Daley Center, 50 W. Washington St., Chicago, Illinois 60602 as ordered by the Court. 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 Application for Attorneys’ Fees, Costs, and Service Awards for the Class Representatives. 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 this Settlement Website, or calling (833) 627-2646.

No. Class Counsel will present the Settlement 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.

Your objection and notice of intent to appear must be mailed to the Clerk of the Court, Class Counsel, Defendant’s Counsel, and the Settlement Administrator, postmarked no later than March 28, 2025.

 

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 Defendant or the other Released Parties based on any of the Released Claims.

This Notice summarizes the Settlement. More details are in the Settlement Agreement itself. A
copy of the Settlement Agreement is available on this Settlement Website. You may also call the Settlement Administrator with questions or to receive a Claim Form at (833) 627-2646. 

To update your contact information call (833) 627-2646 or please visit the Contact Page.