Frequently Asked Questions

The Court authorized the notice because you have a right to know about the settlement, and all of your options, before the Court decides whether to give “final approval” to the settlement. This website explains the nature of the Litigation that is the subject of the settlement, the general terms of the settlement, and your legal rights and options.

The Judge overseeing this case, captioned as In re Morrison Community Hospital Data Breach Litigation, Case No.: 2023 CH 19, Circuit Court for the 14th Judicial District, Whiteside County, Illinois, authorized this Notice. The people who brought the Litigation are called the Plaintiffs. The entity being sued, Morrison Community Hospital (“Morrison”), is called the Defendant.

The Litigation alleges that on or around September 24, 2023, cybercriminals breached Morrison’s computer and information systems and accessed Private Information belonging to Morrison’s current and former patients (the “Data Incident”). Specifically, Plaintiffs allege that the following categories of information were compromised in the Data Incident: names, addresses, dates of birth, Social Security numbers, and medical information.

Defendant denies these claims and says it did nothing wrong. No court or other judicial entity has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One Court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiffs or Defendant. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The “Plaintiffs” appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) think the settlement is best for all Settlement Class Members.

You are affected by the settlement and potentially a Settlement Class Member if you are a Person in the United States to whom Morrison mailed a notification that their Private Information may have been impacted in the Data Incident.

Only Settlement Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class are: (1) the judges presiding over this Action, and members of their direct families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or its parents have a controlling interest, and its current or former officers and directors; and (3) Settlement Class Members who submit a valid request for exclusion prior to the Opt-Out Deadline.

If you are not sure whether you are included in the settlement, you may call (833) 627-8738 with questions. You may also write with questions to:

Morrison Data Incident Settlement

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

The settlement provides that Defendant will fund a Settlement Fund of $675,000, which will be used to pay Costs of the Settlement Administrator, Fee Award and Costs, and Service Awards to Plaintiffs, along with: (a) compensation for unreimbursed economic losses and (b) Pro Rata Cash Payment for Valid Claims.

Also, as part of the settlement, Defendant either has undertaken or will undertake certain reasonable steps to further secure its systems and environments.

Settlement Class Members who submit a Valid Claim are eligible to receive:

Compensation for Unreimbursed Economic Losses: Settlement Class Members may submit a Settlement Claim for a Settlement Payment of up to $5,000 for reimbursement of losses incurred as a result of the Data Incident in the form of a documented loss payment. To receive Compensation for Unreimbursed Economic Losses, a Settlement Class Member must choose to do so on their Claim Form and submit to the Settlement Administrator the following: (i) a valid Claim Form electing to receive the compensation for unreimbursed economic losses benefit; (ii) an attestation regarding any actual and unreimbursed documented loss; and (iii) reasonable documentation that demonstrates the documented loss to be reimbursed. Examples of losses incurred as a result of the Data Incident, include but are not limited to:

1. unreimbursed losses relating to fraud or identity theft; professional fees, including attorneys’ fees, accountants’ fees, and fees for credit-repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit-monitoring costs that were incurred on or after the Data Incident through the date of claim submission; and miscellaneous expenses, such as notary, fax, postage, copying, mileage, and long-distance telephone charges.;
2. Settlement Class Members submitting claims for Documented Loss Payment must submit documentation supporting their claims by an attestation under penalty of perjury, which is part of this Claim Form.

OR

Pro Rata Cash Payment: In the alternative of reimbursement for documented losses, Settlement Class Members who submit a Valid Claim may elect a Pro Rata Cash Payment. The amount of the Pro Rata Cash Payment depends on the total of Net Settlement Funds remaining after payment of all other claim types.

To receive a Settlement Benefit, you must complete and submit a Settlement Claim online at www.MorrisonHospitalSettlement.com, or by mail to Morrison Data Incident Settlement, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by February 5, 2025 or by mail postmarked by February 5, 2025.

The Settlement Administrator will decide whether and to what extent any Settlement Claim made on each Claim Form is valid. The Settlement Administrator may require additional information from you. If you do not provide the additional information in a timely manner, the Settlement Claim will be considered invalid and will not be paid.

The Court will hold a hearing on February 28, 2025, at 10:30 a.m. to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals from that decision and resolving them can take time, perhaps more than a year. It also takes time for all of the Claim Forms to be processed. Please be patient.

The Released Parties get a release from all claims covered by this settlement. Thus, if the settlement becomes Final and you do not exclude yourself from the settlement, you will be a Settlement Class Member and you will give up your right to sue Morrison and Related Entities, including and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, employees, principals, agents, attorneys, insurers, and reinsurers from all known and unknown claims, demands, damages, causes of action or suits seeking damages, or other legal or equitable relief arising out of or in any way related to the claims asserted or which could have been asserted in this lawsuit relating to the Data Incident. This release is described in the Settlement Agreement, which is available on the Documents section of this website. If you have any questions, you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any Settlement Benefits and you will not be bound by any Judgment.

No. Unless you exclude yourself, you give up any right to sue any Released Parties for the claims that this settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form to ask for any benefit under the settlement.

To exclude yourself, send a letter that says you want to be excluded from the settlement in In re Morrison Community Hospital Data Breach Litigation, Case No.: 2023 CH 19. The letter or request for exclusion must clearly manifest a Person’s intent to opt-out of the Settlement Class. You must mail your Request for Exclusion request postmarked by the Opt-Out Date January 6, 2025 to:

Morrison Data Incident Settlement

c/o Kroll Settlement Administration LLC

PO Box 5324

New York, NY 10150-5324

You can tell the Court that you do not agree with the settlement or some part of it by objecting to the settlement. To object, you must mail your objection to the Settlement Administrator as well as to Settlement Class Counsel, Raina Borrelli, Strauss Borrelli PLLC, and Counsel for Morrison, Freeman Mathis & Gary LLP, at the mailing addresses listed below, postmarked by no later than the Objection Date, January 6, 2025:

                                                                        Your objection must be written and must include all of the following: (i) the name of the proceedings; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection and a description of whether the objection applies only to the Settlement Class Member, a subset of the Settlement Class, or the entire Settlement Class; (iv) the identity of any attorneys representing the objector (if any), as well as a description of the attorney’s background and prior experience, the amount of anticipated fees and method of calculation, the attorney’s hourly rate, and the number of hours spent working; (v) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (vi) a description and/or copies of evidence that may be introduced at Final Approval Hearing; (vii) a list of proceedings in which the Settlement Class Member has submitted an objection during the past five years; and (viii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

Objecting is telling the Court that you do not like the settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment from the settlement. If you exclude yourself, you have no basis to object because you are no longer a Settlement Class Member, and the case no longer affects you. If you submit both a valid objection and a valid Request for Exclusion, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Strauss Borrelli PLLC; Cafferty Clobes Meriwether & Sprengel LLP; Milberg Coleman Bryson Phillips Grossman LLC; Wexler Boley & Elgersma LLP; Sterlington, PLLC; and Evangelista Worley LLC as Class Counsel to represent the Settlement Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for attorneys’ fees of up to 33.3% of the Settlement Fund or $225,000, plus reasonable expenses up to $20,000. Defendant has agreed to pay any Fee Award and Costs up to those amounts, to the extent approved by the Court. This payment for Fee Award and Expenses will be made out of the Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis.

Settlement Class Counsel will also ask the Court for a Service Award up to $3,000 for each Representative Plaintiff.

Any Fee Award and Expenses for Class Counsel, and for Service Awards to the Representative Plaintiffs must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of Final Approval of the settlement will be filed no later than February 14, 2025 and their motion for the Fee Award and Expenses will be filed no later than December 23, 2024 and will be posted on the Settlement Website.

The Court will hold a Final Approval Hearing at 10:30 a.m. on February 28, 2025, at the Whiteside County Courthouse, 200 East Knox Street, Morrison, IL 61270, Room A as ordered by the Court. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for a Fee Award and Expenses, as well as the request for Service Awards for the Plaintiffs. After the hearing, the Court will decide whether to approve the settlement.  We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this Website www.MorrisonHospitalSettlement.com, or calling (833) 627-8738.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection and notice of intent to appear must be mailed to the Settlement Administrator, Class Counsel and Counsel for Morrison, postmarked no later than January 6, 2025.

If you do nothing, you will not get any money from this settlement. If the settlement is granted final approval and the judgment becomes Final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties based on any of the Released Claims.

This website summarizes the settlement. More details are in the Settlement Agreement itself.  A copy of the Settlement Agreement is available in the Documents section of this website. You may also call  the Settlement Administrator with questions, to update your contact information, or to receive a Claim Form at (833) 627-8738, or you can visit the Contact Us section of this Website.