OrthoAlaska Data Incident Litigation
United States District Court, District of Alaska
Thomas Byers et. al. v. OrthoAlaska, LLC.
Case No. 3:23-cv-00242
If you received a Notice, you are eligible to receive a Settlement Payment from a proposed class action settlement. The Litigation is titled Thomas Byers et. al. v. OrthoAlaska, LLC., Case No. 3:23-cv-00242, and is pending in the United States District Court, District of Alaska.
The persons that filed the class action lawsuit are called Plaintiffs or Settlement Class Representatives and the company they sued is OrthoAlaska, LLC (Defendant or OrthoAlaska).
The Litigation alleges that on or about October 12, 2022, Defendant became aware of a cybersecurity incident impacting certain company systems. The Litigation alleges that the Data Incident impacted certain Private Information, or PII, stored in Defendant’s files, including full names and addresses, dates of birth, Social Security Numbers, payment card numbers, driver’s license, and/or state identification numbers, account and routing numbers, as well as information relating to health insurance and medical information, or PHI. Specifically, the information of approximately 161,130 people may have been accessed as a result of this Data Incident.
OrthoAlaska denies any wrongdoing whatsoever and denies that it has any liability but has agreed to settle the Litigation on a class-wide basis.
Settlement Class Members under the Settlement Agreement will be eligible to receive:
Compensation for Out-of-Pocket Losses: Compensation from the Settlement Fund, up to a total of $4,000 per Settlement Class Member, upon submission of an Approved Claim and supporting documentation for Out-of-Pocket Losses incurred as a result of the Data Incident;
In addition to compensation for Out-of-Pocket Losses, Settlement Class Members may select one of the following:
Cash Fund Payment: After the distribution of Administrative Expenses, Service Awards, Out-of-Pocket Losses claims, and Fee Award and Expenses, each Settlement Class Member that submits an Approved Claim may receive a pro rata Cash Fund Payment of up to $50 from the remaining Settlement Fund;
OR
Privacy Shield: Instead of a Cash Fund Payment, Settlement Class Members are eligible to make a claim for one (1) year of data protection and monitoring services from Privacy Shield.
To submit a Claim Form, click here.
Please read the Notice carefully. Your legal rights will be affected, and you have a choice to make at this time.
| Summary of Legal Rights | Deadline(s) |
| The only way to receive a compensation for Out-of-Pocket Losses, Cash Fund Payment, or data protection and monitoring services from the settlement. | Submitted or postmarked on or before April 2, 2025 | |
Exclude Yourself by Opting-Out of the Class | Receive no benefit from the settlement. This is the only option that allows you to keep your right to bring any other lawsuit against Ortho Alaska relating to the Data Incident. | Mailed and postmarked on or before March 3, 2025 |
Object to the Settlement and/or Attend the Final Approval Hearing | You can submit an objection stating why you agree or disagree with the settlement. The Court cannot order a different settlement. You can also ask to speak at the Final Approval Hearing on March 11, 2025, about the fairness of the settlement, with or without your own attorney. | Mailed and postmarked on or before March 3, 2025 |
Do Nothing | You will not receive any Settlement Payment from this class action settlement. | N/A |
- Your rights and options as a Settlement Class Member – and the deadlines to exercise your rights – are explained in the Notice.
- The Court still will have to decide whether to approve the settlement. Payments to Settlement Class Members will be made only if the Court approves the settlement and after any possible appeals are resolved.