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CASES

Excellus BlueCross BlueShield Data Breach

Fero, et al. v. Excellus Health Plan Inc. and Lifetime Healthcare, Inc., et al.United States District Court for the Western District of New York
Case No. 6:15-cv-06569

Case Status

The plaintiffs and defendants reached a class action settlement in this matter which was finally approved by the court on April 29, 2022.  The settlement provided for injunctive relief to a certified class consisting of: 


All individuals in the United Stated whose PII and/or PHI was stored in Excellus’s systems between December 23, 2013 and May 11, 2015 who (1) are included in Excellus’s list of Impacted Individuals and (2) whose PII and/or PHI currently resides in Excellus’s systems.

Case Overview

On September 9, 2015, Excellus Health Plan Inc. acknowledged a data breach of the personal information of over 10 million individuals. In October 2015, Keller Rohrback L.L.P. filed a class action lawsuit against Excellus BlueCross BlueShield for its failure to protect and safeguard the personal information in its possession. On November 9, 2015, all related cases proceeding in the United States District Court for the Western District of New York were consolidated as the litigation entitled, Fero, et al. v. Excellus Health Plan Inc., et al.

 

Other Information

Protecting Your Private Information

The Federal Trade Commission’s website is a great resource for information on immediate steps to take if you’ve been exposed to a data breach.

Practice Areas

Attorneys

Gretchen Freeman Cappio

Partner

Cari Campen Laufenberg

Partner

Matthew Preusch

Partner