Class action follows data breach at multistate radiology practice
Patients whose private data may have been stolen by a cyberprowler last December have filed a class action lawsuit against the radiology practice whose IT systems may have been hacked.
That would be 80-hospital, investor-backed US Radiology Specialists (USRS) based in Raleigh, N.C.
The representative action, filed in a federal court in Delaware Oct. 24, refers to USRS affiliate groups affected not only as previously reported in North Carolina, Arizona and Texas but also in Colorado.
Plaintiffs Ariann J-Hanna and Nicole Pyle, both of Tucson, Ariz., charge—“individually and on behalf of all others similarly situated”— that USRS failed in their responsibility to secure and protect sensitive patient information.
The records potentially exposed to someone with criminal intent included first and last names, Social Security numbers, drivers’ license information, dates of birth, health insurance information, personal addresses and medical treatment information, according to the Oct. 24 complaint as accessed via ClassAction.org.
The action also takes issue with the lag between the December 2021 breach and the notification to patients, which didn’t go out until nine months later, according to the suit.
“As a result of the Data Breach and Defendant’s failure to promptly notify Plaintiffs and Class members thereof,” the complaint states, “Plaintiffs and Class members are at imminent and substantial risk of experiencing various types of misuse of their Private Information in the coming years, including but not limited to, unauthorized credit card charges, unauthorized access to email accounts, identity theft.”
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There has been no assurance offered by US Radiology or its subsidiaries that all personal data or copies of data have been recovered or destroyed. Accordingly, Plaintiffs assert claims for negligence, breach of third-party beneficiary contract, breach of implied contract, breach of fiduciary duty, and declaratory and injunctive relief.”
ClassAction.org has more on the suit, including the full complaint.
Dave P. has worked in journalism, marketing and public relations for more than 30 years, frequently concentrating on hospitals, healthcare technology and Catholic communications. He has also specialized in fundraising communications, ghostwriting for CEOs of local, national and global charities, nonprofits and foundations.