BJC HealthCare Settles Website Tracking Lawsuit for up to $9.25 Million
BJC Health System, doing business as BJC HealthCare, is one of the latest healthcare organizations to settle litigation stemming from the use of website tracking tools. BJC HealthCare has agreed to pay up to $9.25 million to resolve the litigation and provide cash payments to the class members.
BJC HealthCare is a non-profit healthcare organization based in St. Louis, Missouri, which runs the Washington University-affiliated hospitals Barnes–Jewish Hospital and St. Louis Children’s Hospital. According to the lawsuit – John Doe et al v. BJC Health System – BJC HealthCare maintained various web properties, including the websites www.bjc.org and www.barnesjewish.org, through which patients could communicate with BJC HealthCare.
The plaintiffs alleged that tracking tools were added to the websites that collected web user data, including personally identifiable information, and that sensitive information was transmitted to companies such as Facebook (Meta), Google, SiteScout, Invoca, and TradeDesk, without the knowledge or authorization of web users. BJC HealthCare maintains there was no wrongdoing and is no liability; however, it agreed to settle the litigation. All parties believe that a settlement is in the best interests of all parties due to the costs, risks, and uncertainty associated with continuing the lawsuit.
The settlement covers all users who used the BJC HealthCare MyChart patient portal between June 2017 and August 2022. Under the terms of the settlement, BJC Healthcare will initially establish a $5.5 million settlement fund to cover attorneys’ fees, legal expenses, administration costs, class representative awards, and cash payments to class members, which are expected to be $35 per class member. Should the fund not be sufficient to cover claims, a further $3.75 million will be added to the settlement fund. If the $9.25 million settlement fund is not sufficient, claims will be subject to a pro rata reduction.
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Attorneys’ fees will be up to $3,000,000, settlement administration costs are expected to cost up to $200,000, and service awards to the class representatives will be $15,000 in total. The deadline for claiming a cash payment is October 8, 2025, and the final fairness hearing is scheduled for October 16, 2025. Individuals wishing to opt out of or exclude themselves from the settlement must do so by September 8, 2025.
Several class action lawsuits have recently been settled over the use of these tracking tools, including lawsuits against Mount Nittany Health, Henry Ford Health, MarinHealth, and Eisenhower Medical Center. More settlements are expected to be announced in the coming weeks.
