March 2023 Cyberattack Triggers Class Action Against Amerita

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Amerita, Inc. faces a proposed class action that claims the company failed to protect consumers’ personal information during a cyberattack reportedly discovered in March 2023.

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The 38-page lawsuit says that after the defendant—a subsidiary of major healthcare company PharMerica Corporation—first detected unusual activity on its computer network on March 13, a subsequent investigation revealed that an unauthorized third party had gained access to the system between March 12 and 13 and may have obtained certain private information stored there.

The suit relays that the sensitive data compromised in the breach included individuals’ names, addresses and certain patient information, such as medical histories, diagnoses, medications and health insurance details.

The case argues that Amerita, which provides specialty infusion therapy services to outpatients, failed to implement “basic” cybersecurity protocols necessary to protect the personal information entrusted to it—data the complaint says was stored unencrypted and unredacted in the network.

What’s more, the filing takes issue with the defendant’s failure to promptly notify data breach victims. Though the company purportedly learned of the incident on March 13 of this year, it only began sending notices to affected individuals in early September, the lawsuit shares.

As the suit tells it, the months-long delay only exacerbated the harm suffered by victims.

The plaintiff, a California resident, received notice on September 2 informing him that his private information had been compromised in the breach, the complaint says. Like other victims, the man now faces a greater risk of identity theft, fraud and other illegal schemes as a result of Amerita’s alleged negligence, the filing claims.

Per the case, the defendant was “at all times fully aware of its obligation to protect [the plaintiff’s] and class members’ sensitive information,” and, given the prevalence of cyberattacks in the medical industry in recent years, it should have taken commensurate steps to ensure it fulfilled its duty.

The lawsuit looks to represent anyone in the United States whose personal information was subject to the Amerita, Inc. data breach.

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