Case: John Doe v. CVS Health Corporation, et al. 
Court: United States District Court for the Southern District of Ohio
Claims Deadline: 12/20/2019
Attorneys:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Caremark Medical Privacy Litigation

Kaplan Fox is pleased to announce that on September 27, 2019, Federal Judge Edmund A. Sargus of the Southern District of Ohio granted preliminary approval of a $4.4 million settlement impacting approximately 4,500 persons in Ohio living with HIV/AIDS.  The class action lawsuit, originally filed in May 2018, resolves two cases generally alleging that Caremark and Fiserv violated patients’ medical privacy by issuing a mailing that they allege wrongfully disclosed their HIV status.  The parties reached a settlement after the Court’s ruling on Caremark’s motion to dismiss the case.  Caremark and Fiserv deny any unlawful conduct occurred.  

As part of the settlement, impacted class members will be eligible to receive $400 each without having to file a claim.  However, class members may also claim up to an additional $12,500 in qualifying out of pocket losses and/or emotional distress arising from the breach.  Notice of the settlement will be distributed on October 21, 2019, and all claims must be submitted no later than December 20, 2019.  The Court will hold a final approval hearing on January 14, 2020 at 10:00 a.m. at the federal courthouse in Columbus, Ohio, in order to determine whether the settlement payments will be made.  Additional information about the settlement can be found here or by visiting www.OhioPrivacySettlement.com.  Class members may also call a toll free hotline at 1-833-253-8060 to find out more information or to obtain assistance in filing claims.  

As part of the settlement, the Court appointed Joel B. Strauss and Matthew B. George of Kaplan Fox as co-lead Class Counsel.  Kaplan Fox has a strong record of litigating cases involving patient privacy.  In addition to this matter, Kaplan Fox also represented patients living with HIV/AIDS in a case against Aetna that resulted in a $17 million settlement in 2018, and has litigated significant patient privacy cases against major health care corporations like Anthem, Horizon Healthcare, Quest Diagnositcs and HealthNet.  If you are interested in learning more about Kaplan Fox’s medical and data privacy practice, please contact Matthew George at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or 1-415-772-4700.