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” of the Settlement. This Notice 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.

Judge Robert T. Waters of the Superior Court for the State of California for the County of San Joaquin is overseeing this case captioned as Carmona v. Dameron Hospital Association d/b/a Dameron Hospital, Case No. STK-CV-UPI-2024-527. The Person who brought the Litigation is called the Plaintiff. The company being sued, Dameron Hospital Association d/b/a Dameron Hospital (“Dameron”), is called the Defendant.
 

The Litigation arose from a cyberattack and resulting data breach perpetrated upon Dameron in which a third-party accessed certain of Dameron’s computer systems and data allegedly resulting in access to PII and PHI of Plaintiff and other individuals. Dameron is a 200+ bed hospital providing a wide variety of services to patients in Stockton, California.

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 the “Plaintiff” sues 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 Plaintiff 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 Plaintiff appointed to represent the Settlement Class, and the attorneys for the Settlement Class, Settlement 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 Dameron identified as being among those individuals impacted by the Incident, including all who were sent a notice of the Incident.

You are also a California Subclass Member if you are a Person residing in California who Dameron identified as being among those individuals impacted by the Incident, including all who were sent a notice of the Incident to a California address.

Excluded from the Settlement Class are any judge presiding over this matter and any members of their first-degree relatives, judicial staff, Dameron’s officers and directors, and any individuals who timely and validly request exclusion from the Settlement Class.

If you are not sure whether you are included in the Settlement, you may call (833) 876-1201 with questions. You may also write with questions to:

Dameron Incident Litigation

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

All Settlement Class Members shall have the opportunity to submit a Claim Form for certain claimed benefits. The claimed benefits, as described below, shall include: (a) Credit Monitoring Services; (b) Unreimbursed Economic Losses; and (c) Alternative Cash Payment.

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

1. Credit Monitoring Services – All Settlement Class Members are eligible to enroll in 12-months of three-bureau Credit Monitoring Services. Settlement Class Members submitting Settlement claims for Credit Monitoring Services may also submit Settlement Claims for reimbursement of Unreimbursed Economic Losses; 
2. Compensation for Unreimbursed Economic Losses – Every Settlement Class Member may submit a Settlement Claim for up to a total of $5,000 per Settlement Class Member, upon submission of a Claim Form and supporting documentation, for unreimbursed monetary losses incurred as a result of the Incident, including:
   • 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 Incident through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges;
   • Settlement Class Members with Unreimbursed Economic Losses must submit documentation supporting their claims. This can include receipts or other documentation that are not “self-prepared” by the claimant that document the costs incurred. “Self-prepared” documents such as handwritten receipts may be, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation; OR
3. Alternative Cash Payment – Settlement Class Members can elect to make a Settlement Claim for a $50 Alternative Cash Payment, and California Subclass Members may make a Settlement Claim for a $100 Alternative Cash Payment INSTEAD OF Settlement Claims for Credit Monitoring Services and Unreimbursed Economic Losses.
   • The amount of the Alternative Cash Payments will be increased or decreased depending on the number of valid Settlement Claims filed and the amount of funds available for these payments.

To receive a benefit under the Settlement, you must complete and submit a Claim Form online or by mail to Dameron Incident Litigation, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by April 22, 2025, or by mail postmarked by April 22, 2025.

The Claims Administrator shall verify that each Person who submits a Claim Form is a Settlement Class Member. The Claims Administrator shall have the sole discretion and authority to determine whether and to what extent documentation for Unreimbursed Economic Losses reflect valid Unreimbursed Economic Losses actually incurred that are fairly traceable to the Incident but shall consult with both Settlement Class Counsel and Dameron’s counsel in making individual determinations. The Claims Administrator may contact any Settlement Class Member (by e-mail, telephone, or U.S. mail) to clarify a submitted Claim Form prior to making a determination if it is valid.

If a Settlement Class Member does not submit reasonable documentation supporting Unreimbursed Economic Losses, or if their Settlement Claim is rejected by the Claims Administrator for any reason, and the Settlement Class Member does not cure his or her claim, the Settlement Claim will be rejected and the Settlement Class Member’s Settlement claim will be as if he or she elected an Alternative Cash Payment.

A Settlement Class Member or California Subclass Member does not need to submit any documentation or additional information in support of their Settlement Claim for an Alternative Cash Payment.  However, the Claim Form must clearly indicate that the Settlement Class Member is electing to claim the Alternative Cash Payment instead of any other benefits under this Settlement, i.e., Credit Monitoring Services and Unreimbursed Economic Losses.

The Court will hold a Final Approval Hearing on May 29, 2025, at 9:00 a.m. PT 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 Defendant and its past, present, and future parents, subsidiaries, divisions, affiliates, predecessors, successors, and assigns, and its past, present, and future directors, officers,  agents, insurers, shareholders, owners, attorneys, advisors, consultants, representatives, partners, managers, joint venturers, independent contractors, wholesalers, resellers, distributors, retailers, and the predecessors, successors, and assigns of each of them. For the avoidance of doubt, “Released Parties” includes Adventist Health System/West, a California nonprofit religious corporation, which provides facility management services to Dameron, any or all of the above Persons or entities referenced in this paragraph, any Person related to any such entities who is, was, or could have been named as a defendant in the Litigation. The Released Claims are described in the Settlement Agreement, which is available on the Documents page of the website for your review. 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 benefits from the Settlement but you will not be bound by any Final Approval Order.

No. Unless you exclude yourself, you give up any right to sue any Released Parties for the Released Claims that this Settlement resolves. You must exclude yourself from the Settlement 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, mail a written notice of intent to opt-out or submit a Request for Exclusion on the Settlement Website. The request must say you want to be excluded from the Settlement in Carmona v. Dameron Hospital Association d/b/a Dameron Hospital, Case No. STK-CV-UPI-2024-527 and must (a) state the Settlement Class Member’s full name, address, and telephone number; (b) contain the Settlement Class Member’s personal and original signature (or electronic signature) or the original signature of a person authorized by law to act on the Settlement Class Member’s behalf with respect to a claim or right such as those asserted in the Litigation, such as a trustee, guardian, or Person acting under a power of attorney; and (c) clearly manifest the Settlement Class Member’s intent to be excluded from the Settlement and be timely submitted to the Claims Administrator. You must submit your Request for Exclusion online or mail it postmarked by March 24, 2025, to:

Dameron Incident Litigation

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

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 Claims Administrator, at the mailing addresses listed below, postmarked no later than March 24, 2025:

Dameron Incident Litigation

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

Your objection must be written and must include: (a) the objector’s full name, address, telephone number, and email address (if any); (b) a clear and detailed written statement that identifies the basis of the specific objection that the Settlement Class Member asserts; (c) the identity of any counsel representing the objector; (d) a statement whether the objector intends to appear at the Final Approval Hearing, either in person or through counsel, and, if through counsel, identifying that counsel; and (e) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative (if any).

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. 

Yes. The Court appointed Milberg Coleman Bryson Phillips Grossman, PLLC, and Kopelowitz Ostrow, P.A. as Settlement 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.

Settlement Class Counsel will file an application to be paid from the Settlement Fund. Settlement Class Counsel will request attorneys’ fees not to exceed one-third (33.33% or $216,645) of the Settlement Fund. In addition, Settlement Class Counsel may seek their reasonable costs and expenses from the Settlement Fund. The Attorneys’ Fees and Expenses Award shall only be paid from the Settlement Fund. Any such award would compensate Settlement 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.

Settlement Class Counsel will also ask the Court for an Incentive Award up to $2,500 for the Plaintiff.

Any Attorneys’ Fees and Expenses Award for Settlement Class Counsel, and Incentive Award to the Plaintiff must be approved by the Court. The Court may award less than the amounts requested. Settlement Class Counsel’s papers in support of final approval of the Settlement as well as application for Attorneys’ Fees and Expenses and Incentive Award to the Plaintiff will be filed no later than April 14, 2025, and will be posted on the Settlement Website.

The Court will hold a Final Approval Hearing at 9:00 a.m. PT on May 29, 2025, at the Superior Court of California, County of San Joaquin, located at 180 E Weber Ave., Stockton, CA 95202, in Department 11B 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 Attorneys’ Fees and Expenses Award, as well as the request for Incentive Award for the Plaintiff. 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 Settlement Class Counsel recommends checking the Settlement Website or calling toll-free (833) 876-1201.

No. Settlement Class Counsel will present the Settlement 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 must be mailed to the Claims Administrator, at the mailing address listed above, postmarked by no later than March 24, 2025.

If you do nothing, you will not receive any payment from this Settlement. If the Settlement is granted and the Final Approval Order becomes Final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants or the other Released Parties based on any of the Released Claims.

This Notice summarizes the Settlement. More details are in the Settlement Agreement itself.  A copy of the Settlement Agreement is available on the Documents page of this website. You may also call the Claims Administrator with questions or to receive a Claim Form at (833) 876-1201.

It is your responsibility to inform the Claims Administrator of your updated information. You may do so at the address below, call toll-free (833) 876-1201, or visit the Contact page of the Settlement Website:

Dameron Incident Litigation

c/o Kroll Settlement Administration LLC

PO Box 225391

New York, NY 10150-5391

PLEASE DO NOT CONTACT THE CLERK OF THE COURT OR THE DEFENDANT WITH QUESTIONS ABOUT THIS SETTLEMENT