Data Security
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Fraud Management & Cybercrime
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Litigation
Class Action Stems From 2023 Ransomware Attack Affecting More Than 500,000

A mid-Atlantic hospital operator will pay $4.5 million to settle consolidated class action litigation involving a 2023 LockBit ransomware attack affecting more than a 500,000 individuals, including patients and employees.
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Litigation against Capital Health alleged negligence, breach of implied contract, breach of fiduciary duty, unjust enrichment and violations of the New Jersey Consumer Fraud Act.
Under the settlement, Capital Health denies any wrongdoing, fault or liability related to the allegations, a standard conclusion to lawsuit settlements.
Capital Health’s facilities in New Jersey include two hospitals – Capital Health Regional Medical Center, a regional academic medical center and state designated trauma center in Trenton and Capital Health Medical Center in Hopewell – as well as outpatient, primary care and specialty medical care in New Jersey and Pennsylvania.
Under the settlement, class members may submit claims of up to $5,000 for documented losses tied to the data breach, including expenses, charges and losses incurred as a result of identity theft or fraud, such as falsified tax returns, or other misuses of their personal information.
As an alternative to documented losses, class members can instead choose to receive a flat, pro rata cash payment estimated at about $100.
At the time of the 2023 incident, Capital Health experienced an IT systems outage that lasted from Nov. 11 through Nov. 26. Its facilities remained open but the incident disrupted patient services, including outpatient radiology, elective surgeries and neurophysiology and no-invasive cardiology testing (see: Capital Health in NJ Responding to Cyberattack).
Cybercrime group LockBit claimed in January 2024 it stole more than 10 million Capital Health files containing over 7 terabytes of data, threatening to publicly release the data unless the entity paid a ransom, court documents said.
Based on Capital Health’s forensic investigation, information compromised in the data breach included names, addresses, Social Security numbers, dates of birth, email addresses, telephone numbers and clinical information.
Court documents do not indicate whether Capital Health paid a ransom.
Capital Health reported the data breach to federal regulators in January 2024 as a hacking incident affecting more than 503,000 individuals.
Court documents said Capital Health provided class counsel with a written, confidential declaration regarding the security measures the entity implemented and will continue to maintain said measures following the cyber incident.
Capital Health did not immediately respond to Information Security Media Group’s request for comment on the settlement and for additional details pertaining to the incident, including the types of security improvements implemented in the wake of the attack.
A final federal court approval hearing is set for July 14.
