Frequently Asked Questions

You are a Class Member if you are an individual identified on the Class List whose certain Private Information may have been involved in the Data Incident who does not timely elect to be excluded from the Class.

The Class specifically excludes (1) the judge presiding over this Litigation, and members of his direct family; (2) Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants or their parents have a controlling interest and their current or former officers and directors; and (3) Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

This Settlement Website explains the nature of the Litigation and claims being settled, your legal rights, and the benefits to the Class.

This case is known as In Re: Tenet Healthcare Corporation Data Breach Litigation., Case No. DC-22-07513 (“Litigation”), filed in the District Court for Dallas County, Texas, 193rd Judicial District. The Persons who sued are called the “Plaintiffs” and the companies they sued, Tenet Healthcare Corporation, VHS San Antonion partners, LLC d/b/a Baptist Healthcare System, and Resolute Hospital Company, LLC d/b/a Resolute Health Hospital, are known as the “Defendants” in this case.

Plaintiffs filed a lawsuit against Defendants, individually, and on behalf of anyone whose Private Information was potentially impacted as a result of the Data Incident.

This Litigation arises out of a Data Incident and alleges that on or about August 20, 2022, Defendants became aware of a Data Incident impacting certain company systems – the unauthorized access of these systems took place from March 31, 2022, through April 24, 2022. The Data Incident was found to have compromised the private and personally identifying information stored in Defendants’ files including names, addresses, dates of birth, Social Security Numbers, information relating to medical history and health insurance. Over 1,200,000 people were harmed as a result of this Data Incident. 

Defendant denies all claims asserted against it in the Litigation, denies all allegations of wrongdoing and liability.
 

By agreeing to settle, The Parties’ desire to settle the Litigation and all claims arising out of or related to the allegations or subject matter of the Consolidated Amended Class Action and Litigation on the terms and conditions set forth herein for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing to litigate the Litigation. The Class Representatives, Defendant, and their attorneys believe the proposed settlement is fair, reasonable, and adequate and, thus, in the best interests for Class Members. The Court did not decide in favor of the Plaintiffs or Defendants. Full details about the proposed settlement are found in the Settlement Agreement available on the Documents section of this Settlement Website.

In a class action, one or more people called a “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 Class if you are an individual identified on the Class List whose certain Private Information may have been involved in the Data Incident who does not timely elect to be excluded from the Class. If you are not sure whether you are included as a Class Member, or have any other questions about the settlement, visit the Contact Us section of this Settlement Website, call toll free (833) 425-8300, or write to In Re: Tenet Healthcare Corporation Data Breach c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324.

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

Reimbursement Claim

• •    Compensation for Out-of-Pocket Losses: All Class Members are eligible to recover compensation for up to $5,000 per person for Out-of-Pocket Losses incurred as a result of the Data Incident, including: unreimbursed losses relating to fraud or identity theft; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after the Data Incident through the date of the Claims Deadline; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.  

Claims will be subject to review for completeness and plausibility by the Settlement Administrator.

To receive reimbursement from the Settlement Fund for any of the above-referenced documented Out-of-Pocket Losses, Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Settlement Administrator. 

•  •   Cash Fund Payment: All Class Members may also make a claim for a pro rata cash payment from the Settlement Fund.  The amount of the pro rata cash payment is estimated to be $50 per claimant. This amount of the cash payment may increase or decrease based upon the number of claims approved. The pro rata Cash Fund payments will evenly distribute the net amount of the $10,000,000 Settlement Fund, after payment of all approved claims for Out-of-Pocket Losses, Notice and Administration Expenses, and any award of attorneys’ fees, expenses, and service awards.
   

All Claim Forms will be reviewed by the Settlement Administrator for completeness and plausibility. You must file a Claim Form to get cash compensation or reimbursement from Settlement Fund under the proposed settlement. Claim Forms must be submitted online or postmarked no later than June 26, 2024. You can submit a Claim Form on this Settlement Website or you can call the Settlement Administrator at (833) 425-8300 for a Claim Form. 

If you stay in the Class, you will be eligible to receive benefits, but you will not be able to sue Defendants, and their past or present agents, subsidiaries, parents, and affiliates, and their respective employees, officers, directors, shareholders, partners, members, managers, owners, heirs, executors, predecessors, successors, assigns, insurers (including excess insurers and reinsurers), vendors, attorneys, and/or sureties (collectively “Released Parties”) regarding the claims in this case.

The Settlement Agreement, which includes all provisions about Released Claims, releases, and Released Parties, is available at the Documents section of this Settlement Website.

The only way to keep the right to sue is to exclude yourself (see Question 10), otherwise you will be included in the Class, and, if the settlement is approved, you give up the right to sue for the claims in this case.
 

Yes. If approved by the Court, the Class Representatives will each receive a Service Award of up to $2,000, to compensate them for their services and efforts in bringing the Litigation. 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 “opt-out” by sending a timely written Request for Exclusion. Your Request for Exclusion must (a) state your full name and  address; (b) contain the your personal and original signature (or the original signature of a person authorized by law, such as a trustee, guardian, or person acting under a power of attorney to act on your behalf with respect to a claim or right such as those in the Litigation); and (c) state your intent to be excluded from the Class and from the settlement, not to participate in the settlement, and/or to waive all rights to the benefits of the settlement. 

Your written Request for Exclusion must be postmarked no later than May 27, 2024 to:

In Re: Tenet Healthcare Corporation Data Breach 
c/o Kroll Settlement Administration
PO Box 5324
New York, NY 10150-5324

If you exclude yourself you will not be able to receive any cash benefit from the settlement, and you cannot object to the settlement at the Final Approval Hearing. You will not be legally bound by anything that happens in the Litigation, and you will keep your right to sue Defendants 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 Parties (listed in Question 8) 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 or reimbursement 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 Parties (listed in Question 8) about the settled claims in this case at any time.

Yes. The Court has appointed Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman, PLLC, Bruce W. Steckler of Steckler Wayne Cherry & Love, PLLC, and John A Yanchunis of Morgan & Morgan Complex Business Division (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 a Fee Award and Expenses not to exceed 35% of the total Settlement Fund (or $3,500,000) for fees in prosecuting the litigation plus reasonable litigation expenses. A copy of Class Counsel’s Fee and Expense Application and Service Award for Class Representatives will be posted on this Settlement Website, before the Final Approval 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 must file an objection with the Court and with the Settlement Administrator by May 27, 2024 (the “Objection Deadline”) stating why you do not think the settlement should be approved. 

To be valid, each Objection must: 

1. state the name of the Litigation;
2. contain the Class Member’s full name, current address, and telephone number; 
3. contain the Class Member’s original signature; 
4. state that the Class Member objects to the settlement, in whole or in part; 
5. make a statement of the legal and factual basis for the objection; 
6. provide copies of any documents that the Class Member wishes to submit in support of his/her position;
7.  identify any attorneys representing the objector;
8. state whether the Class Member (or his/her attorney) intends to appear at the Final Approval Hearing;

Objections should also provide the following information: 

    (a) state all class action settlements objected to by the Class Member in the previous five (5) years; and 
    (b) contain the signature of the Class Member or the Class Member’s attorney.

Your objection must be filed with the Clerk of Court, mailed to the Settlement Administrator and include the case name and docket number, titled In Re: Tenet Healthcare Corporation Data Breach Litigation., Case No. DC-22-07513 by May 27, 2024, at the following addresses:

If you do not submit your objection with all requirements, or if your objection is not received by May 27, 2024, you will be considered to have waived all objections and will not be entitled to speak at the Final Approval 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 Settlement was given Final Approval at the Final Approval Hearing on June 5, 2024. Please submit a Claim Form by Wednesday, June 26, 2024

The Settlement was given Final Approval at the Final Approval Hearing on June 5, 2024. Please submit a Claim Form by Wednesday, June 26, 2024

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in Question 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the settlement.

This is only a summary of the proposed settlement.  If you want additional information about this Litigation, including a copy of the Settlement Agreement, the Consolidated Amended Class Action Complaint, the Court’s Preliminary Approval Order, Class Counsel’s for Fee and Expense Application when available, and Service Award for Class Representatives, and more, please visit the Documents section of this Settlement Website or call (833) 425-8300.  You may also contact the Settlement Administrator at In Re: Tenet Healthcare Corporation Data Breach c/o Kroll Settlement Administration, PO Box 5324, New York, NY 10150-5324.