Closed
SuperCare Health Data Incident Settlement
The claim window closed on July 5, 2023. The court granted final approval on September 7, 2023, and settlement benefits were distributed in late 2023.
Case record
- Case
- Retsky, et al. v. Super Care, Inc. d/b/a SuperCare Health
- Case no.
- 22STCV16267
- Court
- Superior Court of California, County of Los Angeles
- Defendant
- Super Care, Inc. d/b/a SuperCare Health
- Administrator
- Angeion Group
- Settlement fund
- $2.25 million (non-reversionary fund)
The case
What this settlement was about
SuperCare Health, a California-based respiratory and home health care provider serving the western United States, suffered a cyber-attack in which intruders had access to its network from July 23 to July 27, 2021. Files copied from SuperCare's systems contained personally identifiable information for 318,379 patients.
The lawsuit alleged SuperCare failed to protect patient data and was slow to disclose the incident: the company did not confirm until February 4, 2022, more than six months after the intrusion, that patient information had been compromised. SuperCare denied all claims and settled without admitting wrongdoing.
The $2.25 million fund was non-reversionary: money left over after claims, fees, and costs went to the Identity Theft Resource Center rather than back to SuperCare. The company also agreed to cybersecurity and business-practice improvements.
The class
Who was covered
All persons whose personally identifiable information was maintained on the SuperCare systems compromised in the July 2021 data incident and who were sent notice of the incident, about 318,379 people, with a California subclass for residents of that state.
- What class members could receiveCalifornia residents could claim a flat $100 payment with no documentation. All class members could instead claim up to $2,500 in documented out-of-pocket losses, including up to 4 hours of lost time at $25 per hour, and everyone could enroll in one year of three-bureau credit monitoring with $1 million in fraud insurance.
- Proof requirementMost class members could file without proof of purchase.
- Claim deadlinePassed on Jul 5, 2023. New claims are no longer accepted.
Docket timeline
How the settlement unfolded
- July 23–27, 2021Network intrusion
Attackers accessed SuperCare's network and copied files containing patient data; the intrusion was detected on July 27.
- February 4, 2022Breach confirmed
SuperCare confirmed that patient information had been compromised, more than six months after the attack.
- May 2022Class action filed
Nine named plaintiffs sued in Los Angeles Superior Court.
- July 5, 2023Claim deadline
The last day to submit a claim; only 17 people excluded themselves from the class.
- September 7, 2023Final approval
Judgment and final approval were signed after the August 28, 2023 fairness hearing.
- Late 2023Benefits distributed
Payments were made within 60 days of the settlement's effective date or 30 days of claim approval, whichever was later.
Questions people still ask
Frequently asked questions
Can I still file a SuperCare settlement claim?
No. The deadline to file was July 5, 2023, and the settlement received final approval on September 7, 2023. The claims process is closed.
How much did the SuperCare settlement pay?
California residents could claim a flat $100 payment with no documentation. Any class member could instead claim up to $2,500 in documented losses, and everyone could enroll in a year of three-bureau credit monitoring with $1 million in fraud insurance. Payments were adjusted pro rata based on how many claims came in.
Why could only Californians claim the $100 payment?
The flat payment reflected claims under the California Consumer Privacy Act, which gives California residents specific statutory remedies after a data breach. Class members in other states were limited to documented reimbursement.
What was the SuperCare Health data breach?
Intruders had access to SuperCare's network from July 23 to July 27, 2021 and copied files containing personal information for 318,379 patients of the respiratory and home health care provider.
What happened to unclaimed settlement money?
The fund was non-reversionary. Money remaining after claims, fees, and administration costs went to the Identity Theft Resource Center, a nonprofit, not back to SuperCare.
Sources for this record
Official site supercaredataincidentsettlement.com has been retired. Record preserved by TapClaim.
