Des Moines Orthopaedic Surgeons Data Breach Class Action Settlement
People who received notice from Des Moines Orthopaedic Surgeons that their personal information may have been impacted by the February 2023 data incident.
Settlement Closed
Who’s Eligible
- You are a Settlement Class Member if you received a notice from Des Moines Orthopaedic Surgeons that your personal information may have been impacted by the Data Incident
- The Data Incident occurred from February 15, 2023 through February 17, 2023
- Excluded from the Settlement Class: directors and officers of Des Moines Orthopaedic Surgeons, the Judge assigned to the Action and their immediate family, Court staff, and natural persons who properly execute and submit a Request for Exclusion prior to the expiration of the Opt-Out Period
Eligible States
Claim Deadline
What You Need to Do to Get Paid
To get paid from the Des Moines Orthopaedic Surgeons settlement:
Claim Online: Submit your Claim Form online at desmoinesorthodataincident.com using your Claim Number and PIN (found in your notice email or postcard).
Claim by Mail: Download and mail your Claim Form to Des Moines Orthopaedic Data Incident, c/o Analytics Consulting LLC, PO Box 2010, Chanhassen, MN 55317-2010. Your claim must be postmarked by March 23, 2026.
What You Can Claim: Documented ordinary out-of-pocket losses up to $400, up to 4 hours lost time at $25/hour, documented extraordinary losses up to $5,000, or alternatively $25 cash ($100 if your Social Security Number was affected). You may also claim three years of credit monitoring and identity theft protection regardless of monetary relief.
Supporting Documentation: Submit reasonable documentation showing your ordinary and extraordinary losses were actually incurred and caused by the Data Incident. For the alternative cash payment or lost time, no documentation is required—just attest and describe how the time was spent.
Claimants must submit reasonable documentation that ordinary and extraordinary losses were actually incurred and plausibly arose from the Data Incident. For alternative cash payments ($25 or $100), no documentation is required. For lost time reimbursement, class members must attest and describe how the lost time was spent but no supporting documentation is required.
Settlement Payout
Des Moines Orthopaedic Surgeons settlement payments offer multiple options. You can claim reimbursement for documented ordinary out-of-pocket expenses up to $400, reimbursement for up to 4 hours of lost time at $25 per hour, reimbursement for documented extraordinary losses up to $5,000, or choose an alternative cash payment of $25 (or $100 if your Social Security Number was affected). All payments are subject to a maximum aggregate cap of $1,000,000 for all class members combined. Additionally, all class members may claim three years of credit monitoring and identity theft protection services.
- Attorneys’ Fees: Up to $900,000
- Service Awards: Up to $1,500 per Class Representative
- Settlement Administration Costs: Defendant pays all costs
- Monetary Relief to Class Members: Up to $1,000,000 aggregate cap
Settlement Documents
Background of the Lawsuit
In February 2023, Des Moines Orthopaedic Surgeons discovered a data breach affecting its computer network systems. Between February 15 and February 17, 2023, an unauthorized user accessed and exfiltrated personal information of patients, including names, Social Security numbers, dates of birth, driver’s license numbers, state identification numbers, passports, direct deposit bank information, medical information, health insurance information, and other sensitive data. The company began sending breach notices to affected individuals in January 2024.
Class members filed lawsuits alleging that Des Moines Orthopaedic Surgeons failed to adequately protect personal information and that the breach exposed them to risk of identity theft, fraud, and other harms. Des Moines Orthopaedic Surgeons maintained that it had meritorious defenses and was prepared to defend the lawsuit vigorously. Rather than continue litigation, the parties agreed to settle all claims without any admission of wrongdoing by Des Moines Orthopaedic Surgeons.
The settlement provides monetary relief to class members for documented losses caused by the breach, three years of credit monitoring and identity theft protection services, and business practice improvements including enhanced security spending of at least $250,000 per year for three years.
Frequently Asked Questions
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Settlement Administrator
Des Moines Orthopaedic Data Incident Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen, MN 55317-2010
Case Details
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Disclaimer
The information on this website is free to access and provided for general educational and informational purposes only. It is not legal advice. We summarise settlement information from official notices, court documents, settlement websites, administrators, and other primary sources where available.
Settlement details and deadlines may change. Always refer to the official settlement website or consult a licensed attorney for advice specific to your situation.
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