Essen Medical Data Breach Settlement

Settlement Class Members are eligible to receive benefits from a proposed settlement in the Litigation. The Court overseeing the Litigation authorized the notice to advise Settlement Class Members about the proposed Settlement that would affect their legal rights. The notice explains certain legal rights and options Settlement Class Members have in connection with the Settlement.

The Litigation is a putative class action lawsuit brought on behalf of all individuals who received notice that their Personal Information may have been implicated in the Incident.

The Litigation claims that Defendant is legally responsible for the Incident and asserts various legal claims, including negligence, breach of implied contract, breach of fiduciary duty, violations of New York Gen. Bus. Law (“GBL”) § 349, and unjust enrichment. Defendant denies each and all the claims and contentions alleged against it in the Complaint. Defendant denies all charges of wrongdoing or liability as alleged, or which could be alleged.

In a class action, one or more representative plaintiffs bring a lawsuit on behalf of others who have similar claims. Together, all these people are the “settlement class,” and each individual is a “settlement class member.” There are six Class Representatives in this case: Marilyn Rivera, Franchie Muniz, Michelle Owens, Florin Carstenoiu, Luigi Hernandez, and Anggie Genao De Hernandez.

The Plaintiffs in the Litigation, through their attorneys, investigated the facts and laws relating to the issues in the Litigation. The Plaintiffs and Class Counsel believe that the Settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Class Representatives’ claims or Defendant’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and members of the Settlement Class who submit Approved Claims will receive certain benefits. The Settlement does not mean that Defendant did anything wrong or that the Class Representatives and the Settlement Class would or would not win the case if it were to go to trial.

The Settlement Class includes all natural persons who are residents of the United States, whose Personal Information was potentially compromised in the Incident, and who were sent via U.S. Mail notice by Essen that their Personal Information may have been compromised in the Incident.

Excluded from the Settlement Class are the following individuals and/or entities: (i) the Judges presiding over the Action and members of their families; (ii) Essen, its subsidiaries, parent companies, successors, predecessors, and any entity in which Essen or its parents have a controlling interest, and its current or former officers and directors; (iii) natural persons who properly execute and submit a Request for Exclusion prior to the expiration of the Opt-Out Period; and (iv) the successors or assigns of any such excluded natural person.

The proposed Settlement includes a Settlement Fund of $4,000,000.00 that will be used to pay all costs of the Settlement, including (i) Settlement Benefits; (ii) the costs of Settlement Administration; (iii) Plaintiffs’ Counsel’s Fees and Expenses, not to exceed 33 1/3% of the Settlement Fund, or $1,333,333.33; and (iv) Service Awards, not to exceed $3,000.00 to each Class Representative.

The Settlement Agreement also releases all Released Claims (as defined in the Settlement Agreement) against all Released Parties.

Settlement Class Members who do not submit timely and valid Requests for Exclusion will be bound by the Settlement and any final judgment entered by the Court and will give up their right to sue Defendant or the other Released Parties for the claims being resolved by the Settlement Agreement, including all claims or potential claims of Settlement Class Members against Defendant arising from or related to the Incident. The claims that Settlement Class Members are releasing are described in the Settlement Agreement.

Settlement Class Members who submit Approved Claims and any required documentation may receive one or both of the following to be paid from the Settlement Fund: (i) reimbursement of up to $5,000.00 for any Documented Losses or (ii) a pro rata Cash Fund Payment of up to $100.00.

Depending on how many Approved Claims are submitted, the amounts of the pro rata Cash Fund Payment of up to $100.00 may be adjusted downward proportionally among Settlement Class Members submitting Approved Claims for those awards, as explained further below in FAQ 11. The payment for Documented Losses also may be adjusted depending on how many Approved Claims are submitted.

Documented Losses means the unreimbursed costs or expenditures incurred by a Settlement Class Member as result of the Incident. Settlement Class Members may seek reimbursement for up to $5,000.00. Examples of Documented Losses may include, but are not limited to, costs, expenses, or charges incurred addressing or remedying identity theft, fraud, or misuse of Personal Information and/or other issues reasonably traceable to the Incident.

To make a valid claim for Documented Losses, you must provide documentation of these unreimbursed losses. The payment for Documented Losses may be reduced pro rata, depending on the number of Approved Claims that are submitted.

In addition to a Documented Loss Payment, Settlement Class Members may also claim a Cash Fund Payment of up to $100.00 by submitting a timely and valid Claim Form. Settlement Class Members seeking a Cash Fund Payment must provide the information required on the Claim Form. The pro rata Cash Fund Payment is subject to adjustment as described below in FAQ 11.

Eligibility for any award and the validity of your claim, including the pro rata Cash Fund Payment, will be determined by the Settlement Administrator as outlined in FAQ 15.

The amount of the pro rata Cash Fund Payments will be adjusted upward or downward from the amounts listed in FAQ 10, depending on how many Settlement Class Members submit Approved Claims.

If the total dollar value of all Approved Claims is less than the amount of money available in the Settlement Fund for payment of those claims, the amounts for Cash Fund Payments will be distributed in full (subject to the caps described above), with the remaining money, if any, to be distributed to a charitable organization in accordance with the Settlement Agreement and as directed by the Court.

If the total dollar value of all Approved Claims is more than the amount of money available in the Settlement Fund for payment of those Approved Claims, the amount of the Cash Fund Payments and the amount of payment for Documented Losses will be adjusted downward proportionally among all Settlement Class Members who submitted Approved Claims (subject to the caps described above).

If there are any funds remaining after all Approved Claims are processed and the time to cash any Settlement Payment checks has passed, those funds shall be distributed as directed by the Court, including potential distribution to a charitable organization. No remaining funds will be returned to Defendant.

If you are a Settlement Class Member, you do not have to do anything to remain in the Settlement. To receive payment from the Settlement, you must submit a valid Claim Form.

If you do not want to give up your right to sue Defendant or the other Released Parties about the Incident or the issues raised in this Litigation, you must have excluded yourself from (or “opt out” of) the Settlement Class.

If you wished to object to the Settlement, you must have remained a Settlement Class Member (i.e., you may not also exclude yourself from the Settlement Class) and submitted a written objection.

If you do nothing, you will get no benefits from this Settlement. Unless you excluded yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties related to the claims released by the Settlement Agreement.

The Settlement Administrator will decide whether a Claim Form is complete and valid and includes all required documentation. The Settlement Administrator may require additional information from any Claimant. Failure to provide all required information in a timely manner will invalidate a claim, and it will not be paid.

The deadline to request exclusion from the Settlement has passed.

No. If you excluded yourself, you will not be entitled to any award under the Settlement. However, you will also not be bound by any judgment in this Litigation.

No. Unless you excluded yourself, you give up any right to sue Defendant and the other Released Parties for the claims that this Settlement resolves, known as the Released Claims. You must have excluded 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.

The deadline to object to the Settlement has passed.

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for July 7, 2026, at 2:15 p.m. in Room 706 at the Supreme Court of the State of New York, Bronx County, 851 Grand Concourse, Bronx, New York 10451. At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Plaintiffs’ Counsel’s Fees and Expenses request, and the request for Service Awards for the Class Representatives. After the hearing, the Court will decide whether to approve the Settlement.

No. You do not need to attend the Final Approval Hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person in order to make an objection; the Court will consider any written objections properly submitted according to the instructions in FAQ 19. You or your own lawyer are welcome to attend the hearing at your expense but are not required to do so.

If the Court approves the Settlement and no appeal is taken, the Settlement Administrator will pay the Plaintiffs’ Counsel’s Fees and Expenses and any Service Awards from the Settlement Fund. Then, the Settlement Administrator will send Settlement Payments to Settlement Class Members who submitted Approved Claims. If any appeal is taken, it is possible the Settlement could be disapproved on appeal.

If the Court does not approve the Settlement, there will be no Settlement Payments to Settlement Class Members, Class Counsel, or the Class Representatives, and the case will proceed as if no settlement had been attempted.

The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:

Class Counsel
Gary M. Klinger MILBERG, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 : 1-270-821-0656 : GKlinger@Milberg.com	Andrew Ferich AHDOOT & WOLFSON, PC 201 King of Prussia Road, Suite 650 Radnor, Pennsylvania 19087 : 1-310-474-9111 : AFerich@AhdootWolfson.com	Israel David ISRAEL DAVID LLC 60 Broad Street, Suite 2900 New York, NY 10004 : 1-212-350-8850 : Israel.David@DavidLLC.com
Raina Borrelli STRAUSS BORRELLI PLLC 980 N. Michigan Avenue, Suite 1610 Chicago, Illinois 60611 : 1-872-263-1100 : Raina@StraussBorrelli.com	Kevin Laukaitis LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, PR 00907 : 1-215-789-4462 : KLaukaitis@LaukaitisLaw.com

Settlement Class Members will not be charged for the services of Class Counsel. Class Counsel will be paid out of the Settlement Fund, subject to Court approval. However, you may hire your own attorney at your own cost to advise you in this matter or represent you in making an objection or appearing at the Final Approval Hearing.

Class Counsel will request the Court’s approval of an award for Plaintiffs’ Counsel’s Fees and Expenses up to 33 1/3% of the Settlement Fund, or $1,333,333.33, plus reasonable costs and expenses. Class Counsel will also request approval of Service Awards of $3,000.00 for each Class Representative, which shall also be paid from the Settlement Fund.

Defendant is represented by the following counsel:

Richard Haggerty
MULLEN COUGHLIN LLC
426 W. Lancaster Avenue, Suite 200
Devon, PA 19333
: 1-267-930-1594
: RHaggerty@Mullen.Law

Payment for services provided to Defendant’s Counsel are not paid from the Settlement Fund.

This website summarizes the proposed Settlement. For the precise terms and conditions of the Settlement, including a copy of the Settlement Agreement; the Complaint; the Court’s Preliminary Approval Order; Settlement Class Counsel’s Motion for Attorneys’ Fees, Costs, Expenses, and Service Award for Class Representative; and more, please visit the Important Documents page or call the Settlement Administrator at 1-888-976-6880 toll-free.

Epiq will act as the Settlement Administrator for the Settlement. You can contact the Settlement Administrator at the following address:

Essen Medical Data Breach
Settlement Administrator
P.O. Box 2020
Portland, OR 97208-2020

Please do not contact the Court, Defendant, or Defendant’s Counsel regarding this Settlement.