Lawsuits Filed in 21st Century Oncology Data Breach
In March, 21st Century Oncology reported that 2.2 million cancer patient records were exposed in a data breach.
At least 17 separate class action lawsuits have been filed in Florida and California over this breach. On July 14, a U.S. magistrate judge in Fort Myers recommended the case be consolidated into a single claim and transferred to Florida.
The lawsuits allege the company failed to protect patient data and violated the Federal Trade Commission’s Fair Credit Reporting Act and the Florida Deceptive and Unfair Trade Practices Act when it failed to detect the breach. Patients claim their names, social security numbers, physicians’ names, diagnoses, treatment information and insurance information were exposed.
Other claims include breach of contract, negligence and invasion of privacy.
“Each of these cases raises identical or similar issues and claims on behalf of identical or overlapping putative nation or statewide classes of plaintiffs,” the cancer-center operator said.
On November 13, the FBI notified the company of the breach that occurred on October 3, but 21st Century Oncology said it had to wait until March to alert patients, as they were waiting for the conclusion of the FBI investigation. Patients say they should have been notified immediately.
The company asserted they have no proof that patient information has been misused, but David Harris, an attorney working on the case, told the News-Press that some of his clients have been the victims of identity theft.