Frequently Asked Questions

The Court authorized this website to inform you about a proposed Settlement with Defendant. The case is called In Re: Coastal Orthopedics & Sports Medicine of Southwest Florida Data Breach Litigation, Case No. 2024-CA-001078AX.  You have legal rights and options that you may act on before the Court decides whether to approve the proposed Settlement.  This FAQ page explains the Litigation, the Settlement, and your legal rights.

A class action is a lawsuit in which one or more plaintiffs—in this case, including related cases in federal court, Plaintiffs and Class Representatives Karl Ford, Barbara Balbo, and Vikki Comarsh-White —sue on behalf of a group of people who have similar claims.  Together, this group is called a “Class” and consists of “Class Members.”  In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class.

Plaintiffs claim that Defendant failed to implement and maintain reasonable security measures to adequately protect the Private Information in its possession and to prevent the Data Incident from occurring. 

Defendant denies that it is liable for the claims made in the lawsuit and denies all allegations of wrongdoing.  More information about the complaint in the lawsuit can be found on the Documents page of this website.

The Court has not decided whether the Plaintiffs or Defendant should win this case.  Instead, both sides agreed to this Settlement.  That way, they can avoid the uncertainty, risks, and expense of ongoing litigation, and Settlement Class Members will be eligible to get compensation now rather than years later—if ever. The Class Representatives and attorneys for the Settlement Class Members, called Class Counsel, agree the Settlement is in the best interests of the Settlement Class Members. The Settlement is not an admission of wrongdoing by the Defendant.

You are part of the Settlement as a Settlement Class Member if you are an individual residing in the United States whose Private Information may have been accessed and/or acquired by an unauthorized party as a result of the Data Incident experienced by Defendant in June 2023.

Settlement Class Members will have been mailed notice of their eligibility.  If you are still not sure whether you are included, you can contact the Settlement Administrator by calling 833-421-5540, by emailing [email protected], or by visiting the Contact Us page of this website.

This Settlement Class does not include: (1) the Judge presiding over this Action, and members of his direct family; (2) Defendant, and its current and former parents, subsidiaries, affiliates, officers and directors; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

Under the proposed Settlement, Defendant will pay (or cause to be paid) $1,403,646.30 into a Settlement Fund.  The Settlement Fund, plus interest accrued thereon, will pay notice and administration costs, Court-approved attorneys’ fees and costs, Court-approved service awards for class representatives, and certain Settlement Fund taxes and tax expenses (the “Net Settlement Fund”).  The Net Settlement Fund will be used to provide eligible Settlement Class Members with payments and benefits described below.

Settlement Class Members may claim reimbursement of actual Documented Monetary Losses, Credit Monitoring and Identity Restoration Services, and a Pro Rata Cash Payment. The Pro Rata Cash Payments will be calculated differently depending on whether the claimant is a Group 1 or Group 2 Settlement Class Member. 

Reimbursement of Documented Monetary Losses: Settlement Class Members may claim reimbursement for associated monetary loss by submitting a claim along with supportive documentation for Monetary Losses (“Documented Monetary Loss”). Settlement Class Members may claim Documented Monetary Losses, as defined below, which loss must be fairly traceable to the Data Incident, and combined will be capped at $10,000 per Settlement Class Member. 

1. Documented Monetary Losses: All Settlement Class Members may submit a claim for documented out-of-pocket expenses fairly traceable to the Data Incident, up to $10,000 total per individual.  Documented Monetary Losses may include various types of out-of-pocket losses that were incurred on or after June 6, 2023, through the date of claim submission: credit monitoring costs; unreimbursed bank or credit card fees, long distance phone charges, postage, or gasoline for local travel. This list of reimbursable documented out-of-pocket expenses is not meant to be exhaustive, rather it is exemplary. Settlement Class Members may make claims for any documented unreimbursed out-of-pocket losses reasonably related to the Data Incident or to mitigating the effects of the Data Incident. The Claim Form and supporting documentation must demonstrate that: (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Incident; (iii) the loss occurred between June 6, 2023 and the date of claim submission; (iv) the Claimant made reasonable efforts to avoid the loss or seek reimbursement for the loss, including, but not limited to, exhaustion of all available credit monitoring insurance and identity theft insurance. Documented Monetary Losses may include, without limitation, the unreimbursed costs, expenses, losses or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of Private Information. The Settlement Administrator shall have discretion to determine whether any claimed loss is reasonably related to the Data Security Incident. 
2. Supporting Documents: To receive reimbursement for any Documented Monetary Loss, Settlement Class Members must submit supporting documentation of the loss and a description of how the loss is fairly traceable to the Data Incident, if not readily apparent from the documentation. Documented Monetary Losses can be supported with the following evidence: receipts or other documentation not “self-prepared” by the Claimant and that demonstrates the reasonable costs actually incurred by the Claimant. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support other submitted documentation.

Credit Monitoring and Identity Restoration Services: In addition to the monetary relief described above, the Settlement Administrator, from the Settlement Fund, will purchase/provide credit monitoring codes for two (2) years of one-bureau credit monitoring, including $1 million of fraud/identity theft insurance, and medical information monitoring.

Pro Rata Cash Payment: All Settlement Class Members may make a claim for a Pro Rata Cash Payment that will be calculated pro rata according to whether the claimant is a Group 1 or Group 2 Settlement Class Member. Group 1 Pro Rata Cash Payments shall be three times (3x) the amount of Group 2 Pro Rata Cash Payments. The payments shall be calculated by dividing remaining funds in the Settlement Fund, after payment of Settlement Administration Fees, Fee Award and Expenses, Credit Monitoring and Identity Restoration Services, and Documented Monetary Losses, by the number of eligible claims.  In making this calculation, each Group 1 Pro Rata Cash Payment claim will be counted as three claims, while each Group 2 Pro Rata Cash Payment claim will be counted as one claim.

To qualify for a cash benefit under the Settlement, or to request credit monitoring services, you must complete and submit a Claim Form. 

Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form by clicking Submit Claim at the top of this page, or by mail to the Settlement Administrator. Claim Forms are available through the Settlement Website at the "Documents" page or by calling 833-421-5540.

The hearing to consider the fairness of the Settlement is scheduled for July 28, 2025.  If the Court approves the Settlement, eligible Settlement Class Members whose claims were approved by the Settlement Administrator will be sent payment after all appeals and other reviews, if any, are completed.  Please be patient.

Yes, the Court has appointed the law firms of Milberg Coleman Bryson Phillips Grossman, PLLC and Kynes, Markman & Felman, P.A. as “Class Counsel” to represent you and all Settlement Class Members. You will not be charged for these lawyers. You can ask your own lawyer to appear in Court for you at your own expense if you want someone other than Class Counsel to represent you. 

To date, Class Counsel has not received any payment for their services in conducting this litigation on behalf of the Class and have not been paid for their out-of-pocket expenses. Class Counsel will ask the Court for an award of attorneys’ fees not to exceed 33.33% of the Settlement Fund, or $467,882.10 and for the reimbursement of litigation costs and expenses which were incurred in connection with the Litigation, not to exceed $25,000. Such sums as may be approved by the Court will be paid from the Settlement Fund. 

Class Counsel will also request a service award payment of $2,500 for each of the three Class Representatives to be paid from the Settlement Fund.

The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service awards to the Class Representatives.
Class Counsel will file their request for attorneys’ fees, costs, and expenses and service awards for the Class Representatives with the Court, which will also be posted on this website.

If you do not exclude yourself from the Settlement, you will not be able to sue Defendant about the Data Incident and you will be bound by all decisions made by the Court in this case, the Settlement, and its included Release. This is true regardless of whether you submit a Claim Form. However, you may exclude yourself from the Settlement (see below). If you exclude yourself from the Settlement, you will not be bound by any of the Released Claims, which are described in the Settlement Agreement available on the "Documents" page of this website.

If you do nothing, you will receive no benefits under the Settlement. You will be in the Settlement Class, and if the Court approves the Settlement, you will also be bound by all orders and judgments of the Court, the Settlement, and its included Release. You will be deemed to have participated in the Settlement and will be subject to the provisions of the Settlement Agreement. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Defendant for the claims or legal issues released in this Settlement.

If you exclude yourself from the Settlement, you will receive no benefits under the Settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s judgments related to the Settlement Class and Defendant in this class action.

You can ask to be excluded from the Settlement. To do so, you must send a written notification to the Settlement Administrator stating that you want to be excluded from the Settlement in In Re: Coastal Orthopedics & Sports Medicine of Southwest Florida Data Breach Litigation, Case No. 2024-CA-001078AX. Your written notification must include: (1) the name of the proceeding; (2) your full name and current address; (3) your signature; and (4) the words “Request for Exclusion” or a comparable statement that you do wish to participate in the Settlement at the top of the communication. You must mail your exclusion request, postmarked no later than August 13, 2025, to the following address:

COSM Data Incident Settlement Administrator
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

You cannot exclude yourself by phone or email.  Any individual who wants to be excluded from the Settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.

No. Unless you exclude yourself, you give up any right to sue Defendant for the claims or legal issues released in this Settlement, even if you do nothing.

No. If you exclude yourself, do not submit a Claim Form to ask for any benefits.

If you do not exclude yourself from the Settlement Class, you can object to the Settlement if you do not agree with any part of it.  You can give reasons why you think the Court should deny approval by filing an objection.  To object, you must mail a written objection to the Settlement Administrator stating that you object to the Settlement in In Re: Coastal Orthopedics & Sports Medicine of Southwest Florida Data Breach Litigation, Case No. 2024-CA-001078AX.  Your objection must be filed no later than July 14, 2025.

The objection must be in writing and be personally signed by you.  The objection must include: (i) the name of the proceeding; (ii) the Settlement Class Member’s full name, current mailing address, and telephone number; (iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (iv) the identity of any attorneys representing the objector; (v) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (vi) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous five (5) years; and (vii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

Written objections should be submitted to the Settlement Administrator at the address listed below postmarked no later than July 14, 2025:

COSM Data Incident Settlement Administrator
c/o Kroll Settlement Administration LLC
P.O. Box 5324
New York, NY 10150-5324

Objecting simply means telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class is telling the Court that you don’t 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 the Final Approval Hearing on July 28, 2025, via Zoom. You can attend the hearing by visiting: https://www.zoom.us/, clicking “Join A Meeting”.

The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class.  At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the service awards to Class Representatives.

The location, date and time of the Final Approval Hearing are subject to change by Court order. Any changes will be posted at the Settlement Website, at www.CoastalOrthopedicsSettlement.com, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. If your written objection was filed or mailed on time and meets the other criteria described in the Settlement, the Court will consider it. However, you may appear on your behalf or pay a lawyer to attend on your behalf to assert your objection if you would like.

Yes. If you do not exclude yourself from the Settlement Class, you (or your attorney) may appear and speak at the Final Approval Hearing concerning any part of the proposed Settlement. 

This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available on the "Documents" section of this website or by writing to COSM Data Incident Settlement Administrator, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324.

To update your address, visit the Contact section of the Settlement Website, at www.CoastalOrthopedicsSettlement.com, call 833-421-5540, email [email protected] or write to COSM Data Incident Settlement Administrator, c/o Kroll Settlement Administration LLC, P.O. Box 5324, New York, NY 10150-5324

Please Do Not Call the Court, the clerk of the court, the Judge, or the Defendant with Questions about the Settlement or Claims Process.