Frequently Asked Questions about

The Court authorized this notice because you have a right to know about the proposed settlement in this Class Action and about all of your options before the Court decides whether to give “Final Approval” to the settlement. This notice explains the legal rights and options that you may exercise before the Court decides whether to approve the settlement.
 

Judge Wyman Yip of the King County Superior Court in the State of Washington is overseeing this case. The case is known as In re: Fred Hutchinson Cancer Center Data Breach Litigation, Case No. 23-2-24266-1 SEA (the “Litigation”). The people who sued are called the Plaintiffs. Fred Hutch and the University of Washington are called the Defendants.

Plaintiffs claim Defendants were responsible for the increased risk of identity theft (including medical identity theft) they allege they experienced stemming from the Data Security Incident and assert claims against Defendants for: (i) Negligence, (ii) Breach of Implied Contract, (iii) Unjust Enrichment, and against Fred Hutch for (iv) violation of the Washington Consumer Protection Act (Wash. Rev. Code § 19.86.020, et seq.). The Litigation seeks, among other things, payment for persons who were injured by the Data Security Incident.

Defendants deny all of the claims made in the Litigation, as well as all charges of wrongdoing or liability against them.

In a class action, one or more people called “Plaintiff(s)” or “Representative Plaintiff(s)” (in this case, Shawna Arneson, Jennifer Aspelund, Robert Ayers, Kayla Browne, Jennifer Clayton, Jane Doe, Gary Holz, and Arlene Rappaport Reed) sue(s) on behalf of all people who have similar claims. Together, all these people are called a Class or Settlement Class members. One Court and one judge will resolve the issues for all Settlement Class Members, except for those Settlement Class Members who exclude themselves from the settlement (“Settlement Class").

The Court did not decide in favor of Plaintiffs or Defendants. Instead, Plaintiffs and Defendants negotiated a settlement that allows both Plaintiffs and Defendants to avoid the risks and costs of lengthy and uncertain litigation and the uncertainty of trial and appeals. It also allows Settlement Class Members to obtain benefits without further delay. The Representative Plaintiffs and their attorneys believe the settlement is best for all Settlement Class Members. The settlement does not mean that Defendants did anything wrong.

You are part of this settlement as a Settlement Class Member if you are a Person residing in the United States whose Private Information was potentially or actually compromised in the Data Security Incident, including all those who were sent notice from Fred Hutch or its authorized representative concerning the November 2023 Data Security Incident.

Specifically excluded from the Settlement Class are all persons who are directors, officers, or regents of Defendants, any entity in which a Defendant has a controlling interest, the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Defendants, the Judge assigned to the Litigation, and that Judge’s immediate family and Court staff.

Settlement Class Members have been assigned a Class Member ID in connection with this settlement. If you do not have a Class Member ID (which was or will be mailed to you on a postcard), you are likely not a Settlement Class Member. There are approximately 2,151,554 Settlement Class Members. 

If you are not sure whether you are included in the settlement, or have any other questions related to the settlement, you may:

Call (833) 876-2470 

 or 

Write to:

FHCC Data Breach - 83118
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Please do not contact the Court with questions.

The proposed settlement creates a non-reversionary common fund of $11,500,000, from which the following benefits may be claimed by Settlement Class Members.

The settlement provides for two types of cash payments and free monitoring and medical identity-theft protection services: (i) up to $5,000 in reimbursement for documented Out-of-Pocket Losses; (ii) a Pro Rata Cash Fund Payment up to $599; and (iii) two (2) years of Medical Identity-Theft Protection and Monitoring Services. You may submit a claim for any of the above-listed benefits. 

Defendants also agreed that they have and will continue to undertake certain steps related to protections for patient information, including commitments by Fred Hutch to enhance the security deployed to secure access to its data networks. These steps are described in the Settlement Agreement available here.

• Compensation for Out-of-Pocket Losses: All Settlement Class Members may submit a claim for documented Out-of-Pocket Losses incurred as a direct result of the Data Security Incident. Examples of the kind of documented Out-of-Pocket Losses that may be claimed include unreimbursed losses relating to fraud or identity theft, unreimbursed costs of credit monitoring incurred between the time of the Data Security Incident (November 19, 2023) and the time the claim is submitted, postage, copying, scanning, faxing, mileage and other travel-related charges, parking, notary charges, research charges, cell phone charges (only if charged by the minute), long distance phone charges, data charges (only if charged based on the amount of data used), text message charges (only if charged by the message), bank fees, accountant fees, and attorneys’ fees, all of which must be fairly traceable to the Data Security Incident and must not have been previously reimbursed by a third party. Expenses must be attested to and supported by documentation substantiating the full extent of the amount claimed.

• Pro Rata Cash Fund Payments. All Settlement Class Members are eligible to make a claim for a cash fund payment of up to $599, regardless of whether they make a claim for Out-of-Pocket Losses. The Pro Rata Cash Fund Payments will evenly distribute the net amount of the Settlement Fund, after payment of all approved claims for Out-of-Pocket Losses, notice and administration expenses, the cost of Medical Identity-Theft Protection and Monitoring, any attorneys’ fee and expenses award, and service awards, to each Settlement Class Member who submits a Valid Claim. While these payments may be up to $599, if many Settlement Class Members elect to receive this payment, this amount will be correspondingly smaller. For example, if five percent (5%) of the Settlement Class elect to receive both medical monitoring and pro rata benefits from the Settlement (and without accounting for any claims for Out-of-Pocket Losses), this payment will be approximately $60.

• Medical Identity-Theft Protection and Monitoring. All Settlement Class Members may submit a claim for Medical Identity-Theft Protection and Monitoring. Settlement Class Members are eligible to receive two (2) years of Medical Shield Complete, a medical information protection and monitoring service offered through CyEx. This service monitors medical and healthcare data to determine whether consumers’ private health information is at risk or has been exposed to medical fraud and comes with single-bureau credit monitoring. Settlement Class Members may claim this service regardless of whether they make a claim for Out-of-Pocket Losses or Pro Rata Cash Fund Payments. Settlement Class Members will need to enroll to receive this benefit.

To make a claim for any benefits from the settlement, you must complete a Claim Form. Claim Forms may be completed and filed in one of three ways:

• First, for the Pro Rata Cash Fund Payment and Medical Identity-Theft Monitoring, a “tear-off” claim form will be mailed to you with the postcard notifying you of this settlement. You may complete, sign, and mail the “tear-off” Claim Form to the Claims Administrator by the Claims Deadline, Wednesday, May 7, 2025.

• Second, you may submit a claim for any or all of the settlement benefits online, by filling out and submitting the online Claim Form found on this Settlement Website by Wednesday, May 7, 2025 at 11:59 pm PT.

• Third, you may download a copy of the Claim Form in the Documents section of this website, or you may request one by mail by calling (833) 876-2470. To complete the Claim Form, please read the instructions carefully, fill out the Claim Form (including your Class Member ID number), provide reasonable documentation (where applicable), and submit your claim online or mail it postmarked no later than Wednesday, May 7, 2025 to:

FHCC Data Breach - 83118
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

To submit a claim for documented Out-of-Pocket Losses, you must use the online claim form or mail in the full Claim Form. This is because this claimed benefit requires supporting documentation. 

Disclaimer: Please only send the Claims Administrator copies of the supporting documents as they are unable to return documents.

The Claims Administrator will initially decide whether the information provided on a Claim Form is complete and valid. The Claims Administrator may request additional information from any Claimant. If the Claimant does not timely provide the required information, the claim will be considered invalid and will not be paid. If the claim is rejected in whole or in part, for any other reason, then the Claims Administrator shall refer the claim to the Representative Plaintiffs, Defendants, and their counsel for a determination.

You do not have to do anything to remain in the settlement, but if you want a payment or if you want to receive Medical Identity-Theft Protection and Monitoring Services, you must submit a Claim Form postmarked or submitted online by Wednesday, May 7, 2025.

You may submit a claim by clicking here to access the online version of the Claim Form. 

By remaining in the settlement, you are agreeing that all of the Court’s orders will apply to you, and that you give Defendants a “Release.” A Release means you cannot sue or be part of any other lawsuit against Defendants about the claims or issues in this lawsuit (including any claims or issues relating to the Data Security Incident), and that you will be bound by the settlement. The specific claims you are giving up against Defendants and related persons or entities are called “Released Claims.” The Released Claims are defined in the Settlement Agreement, which is available in the documents section on this Settlement Website. The Settlement Agreement describes the Released Claims with specific and accurate legal descriptions, so read it carefully.

No. If you exclude yourself, you will not be entitled to any benefits of the settlement. You will also not be bound by any judgment in this case. Request for exclusion from the settlement must be postmarked by Monday, April 7, 2025.

No. Unless you exclude yourself, you give up any right to sue Defendants 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 a different lawsuit relating to the claims in this case. If you wish to exclude yourself, do not submit a Claim Form.

Request for exclusion from the settlement must be postmarked by Monday, April 7, 2025.

To exclude yourself from the settlement, send a letter to the Claims Administrator that says you want to be excluded from the settlement in In re: Fred Hutchinson Cancer Center Data Breach Litigation, Case No. 23-2-24266-1 SEA (Washington State Superior Court for King County). Include your name, address, and signature. You must mail your exclusion request postmarked by Monday, April 7, 2025 to:

FHCC Data Breach - 83118
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

Yes. The Court appointed Kim D. Stephens of Tousley Brain Stephens PLLC and M. Anderson Berry of Clayeo C. Arnold, A Professional Corp., to represent you and other Settlement Class Members. These lawyers are called Class Counsel. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

If the settlement is approved and becomes final, Class Counsel will ask the Court to award attorneys’ fees of up to one-third of the Settlement Fund, or $3,833,333.33.  Class Counsel will also request reimbursement of out-of-pocket case expenses, in an amount not to exceed $100,000. Class Counsel will also request approval of a service award to each of the Representative Plaintiffs of $2,500. Any attorneys’ fees, expenses, or service awards must be approved by the Court.

If you are a Settlement Class Member, you can object to the settlement if you do not like it or some part of it. You can give reasons why you think the Court should not approve the settlement. The Court will consider your views before making a decision. To object, you must mail copies to Class Counsel and  counsel for Defendants a written notice stating that you object to the settlement. Your objection must include all of the following information: (i) your full name and address; (ii) the case name and docket number – In re: Fred Hutchinson Cancer Center Data Breach Litigation, Case No. 23-2-24266-1 SEA (Washington State Superior Court for King County); (iii) information identifying yourself as a Settlement Class Member, including proof that you are a Settlement Class Member (e.g., copy of your settlement notice, copy of original notice of the Data Security Incident, or a statement explaining why you believe you are a Settlement Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection you believe applicable; (v) the identity of any and all counsel representing you in connection with the objection; (vi) a statement identifying the number of class action settlements you have objected to or commented on in the last five years; (vii) for each attorney representing, advising, or assisting you, a statement identifying every objection the attorney has filed to any other class action settlements in the last five years; (viii) a statement whether you or your counsel will appear at the Final Fairness Hearing; and (ix) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.

Your written notice of an objection, in the appropriate form, must be mailed, with a postmark date no later than Monday, April 7, 2025 to all of the following:

Objecting is telling the Court that you do not like the settlement and why you think the Court should not approve it. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold a Final Fairness Hearing on May 20, 2025, at 8:30 am PT by Zoom. The access details are below:

• Join Zoom Meeting: https://kingcounty.zoom.us/j/82152285463 
• Meeting ID: 821 5228 5463

At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. The Court will take into consideration any properly filed written objections and may also listen to people who have asked to speak at the hearing (see Question 18). The Court will also decide whether to approve fees and costs to Class Counsel, and the service award to the Representative Plaintiffs.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your own expense, but you are not required to do so. If you send an objection, you do not have to come to the Court to talk about it. As long as you filed your written objection on time with the Court and served it according to the instructions provided in Question 18, the Court will consider it.

You may ask the Court for permission to speak at the Final Fairness Hearing. To do so, you must file and serve an objection according to the instructions in Question 18, including all the information required.

If you do nothing, you will get no monetary benefits from this settlement. Once the Court grants the settlement 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 Defendants about the legal issues in this case, ever again.

You must exclude yourself from the settlement if you want to retain the right to sue Defendants for the claims resolved by this settlement.

You can find complete details about the settlement in the Settlement Agreement, which is available at the Documents section. You may also contact the Claims Administrator for more information or to change your address by:

1. Sending mail to the following address:

FHCC Data Breach - 83118
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

    2. Visiting the Contact Us section here.

    3. Calling the toll-free telephone number (833) 876-2470.

PLEASE DO NOT CALL THE COURT OR THE JUDGE WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.