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The HIPAA Journal is the leading provider of HIPAA training, news, regulatory updates, and independent compliance advice.

Brevard Skin and Cancer Center Settles Class Action Complaint

The Florida dermatology practice, Brevard Skin and Cancer Center, has agreed to a settlement to resolve class action litigation stemming from a 2025 cyberattack and data breach.

Unauthorized activity was identified within its network on October 14, 2025. The forensic investigation confirmed unauthorized network access starting on September 28, 2025, and the exposure of patient data including names, phone numbers, e-mail addresses, dates of birth, Social Security numbers, diagnoses, clinical information, and billing and claims information. The data breach was reported to the HHS’ Office for Civil Rights as involving the protected health information of 54,570 individuals. A threat group called PEAR claimed responsibility for the attack and threatened to publish the data unless a ransom was paid.

The first class action lawsuit was filed on October 20, 2025, and similar class action lawsuits were filed by other individuals affected by the data breach. The lawsuits were consolidated into a single action as they had overlapping claims and classes. The consolidated lawsuit – In Re: Brevard Skin & Cancer Center Data Breach Litigation – was filed on February 5, 2026, in the Circuit Court for Brevard County, Florida, where it is currently pending.

The plaintiffs alleged that Brevard Skin and Cancer Center was at fault for the incident and data breach, as it failed to implement appropriate cybersecurity measures, and that if those measures had been implemented, the data breach could have been prevented. The lawsuit asserted claims for negligence, breach of implied contract, unjust enrichment, invasion of privacy, breach of fiduciary duty, and violation of the Florida Deceptive and Unfair Trade Practices Act. All claims and contentions in the lawsuit were denied by Brevard Skin and Cancer Center, including fault, wrongdoing, and liability.

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All parties agreed to a settlement to avoid the delay, risk, and uncertainty of continued litigation. Under the terms of the settlement, Brevard Skin and Cancer Center has agreed to pay attorneys’ fees and expenses, settlement administration costs, service awards for the class representatives, and multiple benefits for the class members.

All class members may claim a one-year membership to the CyEx Medical Shield Complete medical data monitoring service. Class members may also claim up to $2,500 as reimbursement for documented, unreimbursed losses due to the data breach. If a claim for reimbursement of losses is not submitted, class members may claim an alternative one-time $45 cash payment. Class members have until November 2, 2026, to object or opt out. Claims must be submitted by November 16, 2026, and the final fairness hearing has been scheduled for November 30, 2026.

Author: Steve Alder is the editor-in-chief of The HIPAA Journal. Steve is responsible for editorial policy regarding the topics covered in The HIPAA Journal. He is a specialist on healthcare industry legal and regulatory affairs, and has 10 years of experience writing about HIPAA and other related legal topics. Steve has developed a deep understanding of regulatory issues surrounding the use of information technology in the healthcare industry and has written hundreds of articles on HIPAA-related topics. Steve shapes the editorial policy of The HIPAA Journal, ensuring its comprehensive coverage of critical topics. Steve Alder is considered an authority in the healthcare industry on HIPAA. The HIPAA Journal has evolved into the leading independent authority on HIPAA under Steve’s editorial leadership. Steve manages a team of writers and is responsible for the factual and legal accuracy of all content published on The HIPAA Journal. Steve holds a Bachelor’s of Science degree from the University of Liverpool. You can connect with Steve via LinkedIn or email via stevealder(at)hipaajournal.com

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