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
In 2016, Keller Rohrback L.L.P. filed three proposed Class Action Complaints against the Florida-based healthcare provider 21st Century Oncology (“21st Century”) on behalf of current and former patients affected by the October 2015 data breach that was disclosed by 21st Century on March 4, 2016.
In October 2016, all cases concerning the October 25 data breach were consolidated for coordinated pretrial proceedings before the Honorable Mary S. Scriven of the United States District Court, Middle District of Florida, Tampa Division, as In re: 21st Century Oncology Customer Data Security Breach Litigation, Case No. 16-md-2737. On November 18, 2016, Keller Rohrback and Robinson Calcagnie were appointed Interim Co-Lead Counsel. On January 17, 2017, Plaintiffs filed the consolidated class action complaint.
Plaintiffs allege 21st Century failed to secure the sensitive and confidential data entrusted to them, including full names, Social Security numbers, physician’s 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.
On May 25, 2017, Defendant 21st Century Oncology Investments, LLC, filed Chapter 11 Bankruptcy in the Southern District of New York, having reached an agreement on debt restructuring that would “reduce the Company’s long-term net debt by more than $500 million.” As a result of this Bankruptcy proceeding, the data breach litigation was stayed for several months.
On December 12, 2017, the U.S. Bankruptcy Court issued an Order that allows the data breach plaintiffs to remove their claims from the bankruptcy court and return to the U.S. District Court in Florida. On February 12, 2018, the District Court in Tampa, Florida issued a revised scheduling order.
Pursuant to the court ordered deadlines, the amended consolidated complaint was filed on July 30, 2018. Defendants now have until the end of August to file a supplement to their previously filed motion to dismiss, and Plaintiffs will file their supplementary opposition on September 12.
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Background of the data 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.
Who was affected?
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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Protecting your private information
The Federal Trade Commission provides information and tips on how to protect yourself against fraudulent credit card charges.
For immediate steps to repair identity theft, click here.
For information on how to keep your personal information secure, including securing your social security number, click here.
Amended Consolidated Class Action Complaint – 07/30/2018