Injured Workers Pharmacy Sued Following Data Breach Reportedly Affecting 75K Patients [UPDATE]
by Erin Shaak
Last Updated on September 18, 2024
Webb et al. v. Injured Workers Pharmacy, LLC
Filed: May 24, 2022 ◆§ 1:22-cv-10797
Injured Workers Pharmacy has been hit with a proposed class action over a January 2021 data breach that reportedly compromised patents’ personal information.
September 17, 2024 – Injured Workers Pharmacy Settlement Website Is Live
The official website for the nearly $1.1 million Injured Workers Pharmacy data breach settlement is live and can be found at IWPDataSettlement.com.
Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.
To receive a share of the $1,075,000 class action settlement, which was preliminarily approved by the court on August 9, 2024, class members must submit a valid claim form online or by mail by December 9, 2024.
To file a claim online for a share of the settlement benefits—including credit monitoring services, reimbursement of up to $5,000, and a pro-rated cash payment—head to this page. You may also download the PDF claim form or contact the settlement administrator to request a paper copy to submit by mail.
You will need the Settlement Claim ID found on the notice you received in the mail in order to file a claim.
A final approval hearing is scheduled for January 16, 2025. Payments will be distributed to eligible class members after the court grants final approval to the deal, and after any objections or appeals are resolved.
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August 16, 2024 – Injured Workers Pharmacy Data Breach Lawsuit Resolved with Nearly $1.1M Settlement
The proposed Injured Workers Pharmacy data breach lawsuit detailed on this page has been settled for nearly $1.1 million.
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The proposed settlement, if preliminarily approved by the court, will cover anyone in the United States for whom Injured Workers Pharmacy maintains contact details and/or identifying data—such as date of birth or Social Security number—and whose personal information was potentially compromised in the data breach disclosed by the company in February 2022. The number of proposed class members is estimated to be approximately 131,000 people, court documents share.
The plaintiffs first notified the court of the deal with Injured Workers Pharmacy in June 2024 and filed an unopposed motion and attendant memo detailing the terms of the agreement two months later, on August 2. The parties now await preliminary approval of the settlement terms from United States District Judge Richard G. Stearns.
According to the settlement agreement, Injured Workers Pharmacy will pay $1,075,000, which will be distributed among eligible class members who file timely, valid claims.
Per the agreement, class members may submit a claim for up to $5,000 per person for unreimbursed ordinary and/or extraordinary economic losses incurred as a result of the incident, if supported by reasonable documentation.
In addition, class members may file a claim to receive a pro-rated share of the remaining settlement fund after all valid claims for unreimbursed losses have been paid, the settlement agreement relays. The cash payment is predicted to exceed $50 per person, the document adds.
Class members may make a claim to receive a cash payment as well as compensation for unreimbursed economic losses, but individuals are subject to a combined monetary benefits cap of $5,000 per person, the agreement says.
Moreover, the document states that the proposed deal will provide class members with the option to enroll in two years of credit monitoring services—a benefit available to all individuals regardless of whether they submit a claim for the aforementioned forms of relief.
Finally, Injured Workers Pharmacy has also confirmed that it has made certain changes to its information security, the agreement describes.
ClassAction.org will update this page if and when the Injured Workers Pharmacy data breach settlement receives preliminary approval from the court, and when an official settlement website goes live.
Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.
Injured Workers Pharmacy, LLC has been hit with a proposed class action over a January 2021 data breach that reportedly compromised the personal information of more than 75,700 current and former patients.
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According to the 40-page case, the home delivery pharmacy service did not have in place adequate cybersecurity measures to prevent the breach and then failed to discover the unauthorized intrusion into its system for four months. The lawsuit says the information compromised in the breach included at least patients’ names and Social Security numbers.
Per the case, Injured Workers Pharmacy’s failure to timely detect the breach—and its apparently “inexplicabl[e]” delay in notifying those affected—has left patients “vulnerable to identity theft.”
The timeline in the lawsuit begins in January 2021, when the defendant allegedly “lost control” over more than 75,700 patients’ personal records in a data breach. The suit says Injured Workers Pharmacy failed to have in place even “basic cybersecurity protocols” at the time its system was hacked.
According to the case, after Injured Workers Pharmacy finally discovered the breach in May 2021, its investigation into the incident “dragged on” for seven more months. During this time, the filing says, the defendant failed to warn patients that their information may have been compromised, robbing them of an opportunity to mitigate the effects of the breach, the lawsuit contends.
The case says that when Injured Workers Pharmacy finally notified victims in early February 2022, its data breach notice “downplayed the Data Breach’s severity and the threat it posed to patients.” Per the suit, the defendant stated in the notice that it had “no indication” that patients’ information had been misused as a result of the incident even though hackers “had unfettered access to patient information for four months.”
Moreover, the lawsuit claims Injured Workers Pharmacy has failed to offer free credit monitoring and identity protection services to all data breach victims and has instead “put the onus on victims” by urging them to monitor their accounts. According to the suit, data breach victims have been subjected to “immediate, substantial, and long-lasting harms” as a result of the breach.
The lawsuit looks to cover U.S. residents whose personal information was compromised in the data breach disclosed by Injured Workers Pharmacy in February 2022.
Are you owed unclaimed settlement money? Check out our class action rebates page full of open class action settlements.
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