In Re 21st Century Oncology Customer Data Breach Litigation
United States District Court for the Middle District of Florida, Tampa Division
Case No. 8:16-md-2737-MSS-AEP
MDL No. 2737
On March 11, 2019, the Court entered its Order denying the Defendants’ Motion to Dismiss the Amended Consolidated Complaint. This Order upheld the Plaintiffs’ allegations and allows the litigation to move forward. Defendant 21st Century Oncology is to file its Answer to the amended consolidated complaint in early April 2019.
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In 2016, Keller Rohrback L.L.P. filed three proposed Class Action Complaints against the Florida-based healthcare provider 21st Century Oncology concerning the October 2015 data breach. All cases concerning the breach were consolidated in October 2016 for coordinated pretrial proceedings. On November 18, 2016, Keller Rohrback and Robinson Calcagnie were appointed Interim Co-Lead Counsel.
Plaintiffs allege 21st Century failed to secure the sensitive and confidential data entrusted to them, including full names, Social Security numbers, physicians’ names, medical diagnoses, treatment information as well as insurance information for more than 2 million individuals. Plaintiffs also allege that 21st Century’s failure to secure, protect, and encrypt personal and medical information of those millions of individuals has made them vulnerable to the misuse of their data and has resulted in a lifelong battle to control any damage, such as fraudulent tax returns, stolen identities and/or medical fraud resulting from the breach.
According to the company’s March 4, 2016 press release, on November 13, 2015 the FBI notified 21st Century Oncology that unauthorized third parties illegally accessed the provider database on or around October 3, 2015. Approximately 2.2 million patients were affected by this data breach. In addition, in its affiliation with independent physician providers, 21st Century Oncology also operates 145 cancer treatment centers located in the states of Alabama; Arizona; California; Florida; Indiana; Kentucky; Maryland; Massachusetts; Michigan; Nevada; New Jersey; New York; North Carolina; Rhode Island; South Carolina; Washington; and West Virginia.
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