Chacon et al. v. Nebraska Medicine

Frequently asked questions and answers regarding the Nebraska Settlement

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You are a Settlement Class Member if you are one of the approximately 125,902 persons who were mailed notification that their PII was potentially impacted as a result of the Data Incident that occurred between August 27, 2020 and September 20, 2020.

You are a Credit Monitoring Subclass Member if you are one of the approximately 13,497 persons who were mailed notification that their Social Security and/or driver’s license numbers may have been potentially accessed as a result of the Data Incident. 

The Settlement Class specifically excludes: (i) Nebraska Medicine, the Related Entities, and their officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) Judge Robert F. Rossiter and his staff and family; (iv) Magistrate Judge Cheryl R. Zwart and her staff and family; and (v) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge. The Notice explains the nature of the lawsuit and claims being settled, your legal rights, and the benefits to the Class.

Judge Robert F. Rossiter of the United States District Court for the District of Nebraska is overseeing this class action. The case is known as Chacon et al. v. Nebraska Medicine, Case No. 8:21-cv-00070-RFR-CRZ, United States District Court for the District of Nebraska. The people who sued are called the “Plaintiffs,” and the company they sued, Nebraska Medicine, is known as the “Defendant” in this case. It is called “Defendant” in the Notice.

Plaintiffs filed a lawsuit against Defendant, individually, and on behalf of anyone whose personally identifiable information (“PII”) was potentially impacted as a result of the Data Incident.

This lawsuit arises out of a network intrusion which occurred between August 27, 2020 and September 20, 2020 that was discovered by Nebraska Medicine and/or the University of Nebraska Medical Center (“UNMC”) on or about September 20, 2020 (the “Data Incident”). The information that may have been accessed in the Data Incident includes names, addresses, dates of birth, health insurance information, medical record numbers, and/or clinical information (including physician notes, laboratory results, imaging, diagnosis information, treatment information, and/or prescription information) (collectively, called “PII”) and, in some instances, Social Security and/or driver’s license numbers.  Defendant denies any wrongdoing.  After learning of the Data Incident, notification was mailed to approximately 125,902 individuals that their PII may have been impacted by the Data Incident. Of those 125,902 individuals, 13,497 individuals were mailed notification that their Social Security and/or driver’s license numbers may have been potentially accessed.  Subsequently, this lawsuit was filed asserting claims against Nebraska Medicine relating to the Data Incident (the “Litigation”).

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, best for the Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement.

In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims.  All of these people together are the “Class” or “Class Members.”


You are included in the Settlement if you were mailed notification that your PII and/or Social Security or driver’s license number was potentially impacted as a result of the Data Incident that occurred between August 27, 2020 and September 20, 2020.  If you are not sure whether you are included, if you are a Credit Monitoring Subclass Member, or have any other questions about the Settlement, visit the 'Contact' section of this Website.

The proposed Settlement will provide the following benefits to Class Members:

Expense Reimbursement

Documented Out-of-Pocket Expense Reimbursement: All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for the following documented out-of-pocket expenses, not to exceed $300 per Settlement Class Member, that were incurred as a result of the Data Incident: (i) unreimbursed bank fees; (ii) long distance phone charges; (iii) cell phone charges (if charged by the minute); (iv) data charges (if charged based on the amount of data used); (v) postage; (vi) gasoline for local travel; and (vii) fees for credit reports, credit monitoring, or other identity theft insurance products purchased by Settlement Class Members between August 27, 2020 and the Claims Deadline. To receive reimbursement for any of the above-referenced out-of-pocket expenses, Settlement Class Members must submit a valid and timely claim, including necessary supporting documentation, to the Claims Administrator. 

Lost Time Reimbursement: Settlement Class Members are also eligible to receive reimbursement for up to six (6) hours of lost time spent dealing with the Data Incident (calculated at the rate of $20 per hour), but only if at least one (1) full hour was spent. Settlement Class members may receive reimbursement for up to three (3) hours of lost time if the Settlement Class Member (i) attests that any claimed lost time was spent related to the Data Incident; and (ii) provides a written description of how the claimed lost time was spent related to the Data Incident. Settlement Class Members may claim reimbursement for up to an additional three (3) hours of lost time if the claimant submits reasonable supporting documentation of time spent (e.g. employment records showing time off of work to deal with effects of the Data Incident). Claims made for lost time can be combined with reimbursement for out-of-pocket expenses and are subject to the same $300.00 cap for all Settlement Class Members. For any lost time claimed in excess of three (3) hours, the Settlement Class Member must submit reasonable supporting documentation of time spent. 

Documented Extraordinary Loss Reimbursement: Settlement Class Members are also eligible to receive reimbursement for extraordinary losses, not to exceed $3,000 per Settlement Class Member for documented monetary loss that: (i) is actual, documented, and unreimbursed; (ii) was more likely than not caused by the Data Incident; (iii) occurred between August 27, 2020 and the Claims Deadline; and (iv) is not already covered by any other reimbursement category covered by this Settlement. Settlement Class Members must also provide documentation that he or she made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance. 

Credit Monitoring for Credit Monitoring Subclass Members: Credit Monitoring Subclass Members, or those that had their Social Security and/or driver’s license numbers potentially accessed, will be automatically provided one (1) year of additional credit monitoring services.  This one (1) year of credit monitoring is in addition to any credit monitoring previously offered by Nebraska Medicine and/or UNMC following the Data Incident. If you are a Credit Monitoring Subclass Member, you do not need to make a claim for additional monitoring. If you previously signed up for monitoring offered by Nebraska Medicine and/or UNMC, your monitoring will be automatically extended for one (1) additional year by Experian. If you did not previously sign up for monitoring, Experian will be contacting you directly to make you an offer of one (1) free year of credit monitoring.

Business Practice Changes: Nebraska Medicine will implement and keep in place through December 31, 2022 specific security-related measures and enhancements. These measures are detailed in a confidential Appendix A that the Settling Parties agree will be filed under seal with the Court. Generally, Nebraska Medicine will implement and enhance password and user-identity protocols and email and user-browsing protocols. Nebraska Medicine will also enhance and limit its remote access capabilities. Further, Nebraska Medicine will update, strengthen, and enhance its network security and system security measures, including additional endpoint, vulnerability, and firewall measures. Nebraska Medicine will also implement, update, and enhance its security operations center and conduct periodic, enhanced risk assessments.

All Claims will be reviewed by the Claims Administrator and/or a claims referee. You must file a Claim Form to get any money from the proposed Settlement. Claim Forms must be submitted online by October 4, 2021 at 11:59 p.m. Central Time or postmarked no later than October 4, 2021. You can download a Claim Form from the 'Documents' section of this Website.   


If you stay in the Settlement Class, you will be eligible to receive benefits, but you will not be able to sue Nebraska Medicine and its Related Entities and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers regarding the claims in this case. The Settlement Agreement includes all provisions about settled claims, releases, and released parties.

The only way to keep the right to sue is to exclude yourself (see FAQ "How do I exclude myself from the Settlement?," below), otherwise you will be included in the Settlement Class, if the Settlement is approved, and you give up the right to sue for the claims in this case.

Yes.  Class Representatives will receive a service award of up to a maximum total amount of $2,000 each ($4,000 total), to compensate them for their services and efforts in bringing the lawsuit. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.

If you do not want to be included in the Settlement, you must send a written request for exclusion, postmarked no later than September 7, 2021 to:

Chacon v. Nebraska Medicine
PO Box 8517
Philadelphia, PA 19101-8517

If you exclude yourself, you will not be able to receive any cash benefits from the Settlement and you cannot object to the Settlement. You will not be legally bound by anything that happens in this lawsuit and you will keep your right to sue the Defendant on your own for the claims that this Settlement resolves.  

No.  If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Persons (listed in FAQ "What am I giving up as part of the Settlement?," above) for the claims this Settlement resolves.

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Persons (listed in FAQ "What am I giving up as part of the Settlement?," above) about the settled claims in this case at any time.

Yes. The Court has appointed Mason Lietz & Klinger LLP (called “Class Counsel”) to represent the interests of all Class Members in this case. You will not be charged for these lawyers.  If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will apply to the Court for an award of attorneys’ fees and litigation expenses in an amount not to exceed $195,000. A copy of Class Counsel’s Application for Attorneys’ Fees and Expenses will be posted on this Website before the Final Fairness Hearing.  The Court will make the final decisions as to the amounts to be paid to Class Counsel, and may award less than the amount requested by Class Counsel.

If you want to tell the Court that you do not agree with the proposed Settlement or some part of it, you can submit an Objection telling it why you do not think the Settlement should be approved. Objections must be submitted in writing and include all the following information: 

Such notice shall state: 

(i) the objector’s full name, address, telephone number, and e-mail address (if any);

(ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident); 

(iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; 

(iv) the identity of any and all counsel representing the objector in connection with the objection; 

(v) a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; 

(vi) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (along with documentation setting forth such representation); and 

(vii) a list, by case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement within the last three (3) years.  

Your Objection must be submitted to the Clerk of the Court by First-Class mail, received by no later than September 7, 2021, to:

Clerk of the Court
111 South 18th Plaza, Suite 1152
Omaha, NE 68102

It must include the case name and docket number: Chacon et al. v. Nebraska Medicine, Case No. 8:21-cv-00070-RFR-CRZ (the “Chacon Action”), received by no later than September 7, 2021.

In addition, you must mail a copy of your Objection to Class Counsel and Defense Counsel, postmarked no later than September 7, 2021:

Class Counsel

Mason Lietz & Klinger LLP
227 W. Monroe Street,  Suite 2100
Chicago, IL 60606

Defense Counsel

Cassie D. Collignon
Baker & Hostetler, LLP
1801 California Street, Suite 4400
Denver, CO 80202

If you do not submit your Objection with all requirements, or if your Objection is not received by September 7, 2021, you will be considered to have waived all Objections and will not be entitled to speak at the Final Fairness Hearing.


Objecting is simply telling the Court that you don’t like something about the Settlement.  You can object only if you stay in the Class.  Excluding yourself is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

The Court will hold the Final Fairness Hearing at 9:00 a.m. on September 15, 2021, at Courtroom  No. 4 of the Roman L. Hruska U.S. Courthouse, 111 South 18th Plaza, Omaha, Nebraska 68102.  The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this Website for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and is in the best interests of Class Members, and if it should be approved. If there are valid Objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the award of Attorneys’ Fees and Expenses to Class Counsel and the request for a service award to the Class Representatives.

No.  You are not required to come to the Final Fairness Hearing.  However, you are welcome to attend the hearing at your own expense.  

If you submit an Objection, you do not have to come to the hearing to talk about it.  If your Objection was submitted properly and on time, the Court will consider it.  You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary.

Yes.  You can speak at the Final Fairness Hearing but you must ask the Court for permission.  To request permission to speak, you must file an Objection according to the instructions in FAQ "How do I tell the Court that I do not like the Settlement?," above, including all the information required.  You cannot speak at the hearing if you exclude yourself from the Settlement.

If you do nothing, you will not get any money from the Settlement, you will not be able to sue for the claims in this case, and you release the claims against Defendant listed in FAQ "What am I giving up as part of the Settlement?," above.

These FAQs only summarize of the proposed Settlement.  If you want additional information about this lawsuit, thoroughly review the 'Documents' section of this Website which includes the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Attorneys’ Fees and Expenses, and more.  You may also contact the Claims Administrator through the 'Contact' section of this Website. 

This website is authorized by the Court, supervised by counsel and controlled by the Claims Administrator approved by the Court. This is the only authorized website for this case.

Call
844-367-8806
Mail
Chacon v. Nebraska Medicine
c/o Claims Administrator
PO Box 8517
Philadelphia, PA 19101-8517

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Important Dates

  • Exclusion Deadline

    Tuesday, September 7, 2021 You must complete and mail your request for exclusion so that it is postmarked no later than Tuesday, September 7, 2021.
  • Objection Deadline

    Tuesday, September 7, 2021 You must mail your objection(s) and/or notice of intent to appear at the Final Fairness Hearing so that it/they are received no later than Tuesday, September 7, 2021.
  • Final Fairness Hearing Date

    Wednesday, September 15, 2021 The Final Fairness Hearing is scheduled for Wednesday, September 15, 2021.  Please check this website for updates.
  • Claim Form Deadline

    Monday, October 4, 2021 You must submit your Claim Form online no later than 11:59 p.m. Central Time on Monday, October 4, 2021, or mail your completed paper Claim Form so that it is postmarked no later than Monday, October 4, 2021.

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