Warren General Hospital Data Breach Litigation

The Court authorized a Notice because you have the right to know about the Settlement of this class action lawsuit and about all your rights and options before the Court decided to grant final approval of the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

Plaintiffs filed this lawsuit against Defendant, individually, and on behalf of members of the Settlement Class whose Private Information, including names, addresses, Social Security numbers, dates of birth, Driver’s license numbers, financial account information, payment card information, health insurance claims information, medical information involving diagnoses, medications, lab results, and other treatment information was accessed as a result of the Data Incident.

Plaintiffs allege that between September 15, 2023, and September 23, 2023, a cybercriminal gained unauthorized access to the Defendant’s network and that Private Information of certain of Defendant’s patients was exfiltrated. Plaintiffs brought this lawsuit against Defendant.

The Plaintiffs allege that Warren General failed to adequately protect their Private Information and that they were injured as a result. Warren General denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. Warren General denies these, and all other legal claims made in the lawsuit. By entering into the Settlement, Warren General is not admitting that it did anything wrong.

In a class action, one or more people called the class representatives sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who exclude themselves (opt out) from the class.

The Class Representatives in this lawsuit are Plaintiffs Robert Pessia, Peter Hettman, Heidi Tuller, Robert Marrone, and Jean Berry.

The Class Representatives and Warren General do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of the Class Representatives or Warren General. Instead, the Class Representatives and Warren General have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for all Settlement Class Members because of the benefits available to Settlement Class Members and the risks and uncertainty associated with continuing the lawsuit.

The Settlement Class includes all natural persons in the United States whose Private Information was accessed as a result of the Data Incident, including those who were sent notification from Defendant of the Data Incident. You may have been sent notice regarding the Data Incident around November 2023.

If you have any questions as to whether you are a Settlement Class Member, you may contact the Settlement Administrator.

Yes. Excluded from the Settlement Class are (a) all persons who are governing board members of the Defendant; (b) governmental entities; and (c) the Court and any Judge(s) presiding over this matter, the Court’s immediate family, and Court staff.

If you are still not sure whether you are a Settlement Class Member, you may call the Settlement Administrator’s toll-free number at 1-888-814-8846.

If you are a Settlement Class Member and you submitted a timely and valid Claim Form, you may be eligible to receive one of the following Settlement Benefits:

Cash Payment A: You had to submit a timely and valid Claim Form and provided supporting documentation that you spent money or incurred losses related to the Data Incident for up to $5,000 per person.

Examples of documentation include (but are not limited to): (i) credit card statements; (ii) bank statements; (iii) invoices; (iv) telephone records; and (v) receipts. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring and identity theft protection product offered as part of the notice provided by Defendant.

If you filed for Cash Payment A and did not submit qualifying documentation, or if your claim is deemed incomplete by the Settlement Administrator, the Settlement Administrator has the discretion to treat your claim as eligible for Cash Payment B.

Cash Payment B: Instead of selecting Cash Payment A, you could have filed a claim with no documentation to receive a flat cash payment.

Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) adjustment increase from the Net Settlement Fund if the amount of Valid Claims is insufficient to exhaust the entire Net Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the amount of the Net Settlement Fund, the amount of Cash Payments may be reduced pro rata accordingly.

In addition, Warren General has agreed to take certain remedial measures and enhanced security measures as a result of this lawsuit.

Please review Question 9 carefully for additional information regarding the order in which Settlement Benefits are paid from the Settlement Fund. This additional information may impact your decision as to which of the two Settlement Benefit options is the best option for you.

Before determining which Settlement Benefit option is best for you, it is important for you to understand how Settlement payments will be made. Court-awarded attorneys’ fees up to a maximum of 35% of the $1,300,000.00 Settlement Fund, reasonable costs and expenses incurred by Class Counsel, Administrative Expenses for costs of the settlement administration, and Service Awards of up to $2,000 to each of the Class Representatives will be deducted from the Settlement Fund before making payments to Settlement Class Members. The Court may award less than these amounts. The remainder of the Settlement Fund will be distributed in the following order:

1. Valid Claims for Cash Payment A up to $5,000 per Settlement Class Member will be paid first. If you file for Cash Payment A and don’t submit qualifying documentation, or if your claim is deemed incomplete by the Settlement Administrator, the Settlement Administrator has the discretion to treat your claim as eligible for Cash Payment B.
2. If money remains in the Settlement Fund after paying Valid Claims for Cash Payment A, the amount of the Settlement Fund remaining will be used to create a “Post DL Net Settlement Fund,” which will be used to pay all timely and valid Cash Payment B claims. The value of Cash Payment B is unknown at this time, but will be calculated by subtracting from the Net Settlement Fund the amount paid for Valid Claims for Cash Payment A and the above-mentioned fees, expenses, and awards. The Post DL Net Settlement Fund will be divided pro rata to Settlement Class Members with Valid Claims for Cash Payment B.

The Settlement provides a $1,300,000.00 Settlement Fund and remedial actions to be taken by Warren General for the benefit of the Settlement Class. Any court-approved Attorneys’ Fees and Costs, Service Awards to the Class Representatives, taxes due on any interest earned by the Settlement Fund, if necessary, and any notice and settlement administration expenses will be paid out of the Settlement Fund, and the balance (“Net Settlement Fund”) will be used to pay for the above Settlement Benefits. Any costs associated with Warren General’s remedial and enhanced security measures will be paid by Warren General separate from the Settlement Fund.

Unless you excluded yourself (opt out), you chose to remain in the Settlement Class. which means that all Court orders and any judgments apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you gave up are called “Released Claims.”

Section XIII of the Settlement Agreement describes the Released Claims and the Release in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available on the Documents section of this website. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel, listed in Question 21 for free, or you can talk to your own lawyer at your own expense.

The deadline to submit a claim in this matter was April 20, 2025. We are no longer accepting claims.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to the following address:

Warren General Data Breach Litigation
Settlement Administrator
PO Box 2918
Portland, OR 97208-2918

The Court granted final approval of the settlement on May 5, 2025. Payments to eligible claimants will be made under the terms of the settlement after claims have been processed and claimants with deficient claims are provided an opportunity to cure their claim deficiencies.

The approval process may take time. Please be patient and check this website for updates.

Yes, the Court has appointed Andrew W. Ferich of Ahdoot & Wolfson, PC, and Danielle L. Perry of the law firm Mason LLP as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel filed a motion asking the Court to award Attorneys’ Fees and Costs of up to 35% of the $1.3 million Settlement Fund. Class Counsel also asked the Court to approve Service Awards for the Class Representatives of up to $2,000 each for their efforts in achieving the Settlement. The Attorneys’ Fees and Costs, and the Service Awards will be paid from the Settlement Fund.

Class Counsel’s application for the Attorneys’ Fees and Costs and the Service Awards is available on the Documents section of this Website.

The deadline to exclude yourself from the Settlement was April 5, 2025.

No. If you timely opted out, you will not be entitled to receive Settlement Benefits, but you will not be bound by the Settlement or any judgment in this lawsuit. You can only get Settlement Benefits if you stayed in the Settlement and submitted a timely and valid Claim Form.

No. Unless you timely opted out, you gave up any right to individually sue any of the Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incident. You had to opt out of this lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

The deadline to object to the Settlement was April 5, 2025.

Objecting is simply telling the Court you do not like something about the Settlement or the requested attorneys’ fees and costs. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opted out, you could have not objected to the Settlement.

The Court held a Final Approval Hearing on May 5, 2025, at 9:00 AM before the Honorable ROBERT G. YEATTS of the Warren County Court of Common Pleas, 204 4th Ave, Warren, PA 16365.

At this hearing, the Court decided that the Settlement was fair, reasonable, and adequate, and decided to grant final approval to the Settlement, Class Counsel’s application for Attorneys’ Fees and Costs, and the Service Awards to the Class Representatives. If there were objections that were filed by the deadline, the Court considered them.

If you are a Settlement Class Member and you did nothing, you will not receive Settlement Benefits, and you gave up rights explained in the “Opting Out from the Settlement” section of the Notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties about the legal issues in this lawsuit that are released by the Settlement relating to the Data Incident.

The Notice summarizes the Settlement. For more details about the Settlement, please see the Settlement Agreement and other related documents available in the Documents section of this website, by calling toll-free 1-888-814-8846, by contacting Class Counsel, or by visiting the office of the Clerk’s Office, Warren County Court of Common Pleas, 204 4th Ave, Warren, PA 1636, between 8:30 a.m. and 4:30 p.m., Monday through Friday, excluding Court holidays.

If you have questions about the Settlement or anything in the Notice, you may contact the Settlement Administrator at the following address:

Warren General Data Breach Litigation
Settlement Administrator
PO Box 2918
Portland, OR 97208-2918

PLEASE DO NOT CONTACT THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.