$2.4M Excelsior Orthopaedics Settlement Ends Class Action Lawsuit Over June 2024 Data Breach

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Excelsior Orthopaedics and the Buffalo Surgery Center have agreed to a $2,400,000 settlement to resolve a class action lawsuit that alleged the healthcare providers failed to protect sensitive patient information from a data breach discovered in June 2024.

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The $2.4 million Excelsior Orthopaedics class action settlement received preliminary approval from the court on February 10, 2026 and covers all living natural United States residents whose personal information was potentially accessible as a result of the data breach discovered in June 2024, including all who received notice from the company of the incident.

The settlement agreement estimates that information belonging to approximately 389,000 current and former patients was potentially accessed during the breach.

The court-approved website for the Excelsior Orthopaedics data breach settlement can be found at ExcelsiorDataSettlement.com.

According to the website, Excelsior settlement class members are automatically eligible to receive two free years of three-bureau credit monitoring and identity theft insurance with no action required.

The settlement agreement states that class members were sent an enrollment code for the credit monitoring service on their copy of the settlement notice, and activation instructions will be provided on the settlement site after the court grants final approval to the deal.

In addition to credit monitoring, class members who file a valid, timely claim form have two options for monetary settlement benefits.

Class members who submit with their claim form proof of documented losses stemming from the data breach are eligible to receive a one-time cash payment of up to $5,000 in compensation.

The settlement agreement outlines that class members must provide reasonable documentation, such as telephone records or receipts, to receive reimbursement for out-of-pocket losses related to bank fees, phone and data charges, postage, gasoline, credit report fees and the cost of any credit monitoring or identity theft protection services.

In lieu of a documented-loss payment, Excelsior settlement class members may instead file a claim form to receive a one-time, pro-rated cash payment with no proof required. The agreement states that the final amount of this payment will depend on the total number of valid claims filed and what is left in the net settlement fund after administrative expenses, attorneys’ fees, lead plaintiff service awards and all other settlement benefits have been paid.

If the aggregate amount of all documented-loss payments exceeds the amount remaining in the net settlement fund after a pro rata (equal share) reduction, the cash fund payment may not be distributed to class members, settlement documents state.

Class members may receive their cash payouts via check or electronic payment, the agreement adds, and all checks must be cashed within 90 days of issuance before expiration.

To file an Excelsior Orthopaedics data breach claim form online, class members can head to this page and log in using the unique ID and PIN found on their received copy of the settlement notice. Alternatively, class members may download a PDF of the claim form to print, fill out and return by mail to the address of the settlement administrator found on the first page.

All Excelsior Orthopaedics settlement claim forms must be submitted online or by mail by June 11, 2026.

Finally, as part of the settlement, Excelsior has agreed to implement certain changes and enhancements to its security practices to better protect the sensitive information stored on its systems.

The court will determine whether to grant final approval to the Excelsior Orthopaedics data breach settlement following a hearing on July 8, 2026. Compensation will begin to be distributed to class members only after final approval has been granted and any appeals are resolved.

The Excelsior Orthopaedics class action lawsuit alleged that the New York-based chain of orthopedic care practices, including Buffalo Surgery Center, failed to implement reasonable cybersecurity measures to protect the sensitive information of its current and former patients and affiliates, which led to a data breach discovered by the company on or around June 24, 2024. Per court documents, private information that may have been compromised during the breach includes names, Social Security numbers, dates of birth, driver’s license and state identification numbers, passport numbers, biometric information, diagnoses, financial information, health insurance information, medical information and prescription information.

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