Children’s Hospital Medical Center of Akron Settles Pixel Class Action Settlement
Another healthcare provider has agreed to settle a class action lawsuit over its use of Meta Pixel and other third-party analytics and tracking tools on its website. Children’s Hospital Medical Center of Akron, doing business as Akron Children’s Hospital, was alleged to have added these tools to its website, but their use and implementation resulted in website visitors’ personally identifiable information being disclosed to Facebook and other third parties without the web visitors’ knowledge or consent.
On January 5, 2024, plaintiff John Doe filed a lawsuit – Doe v. Children’s Hospital Medical Center of Akron – against Akron Children’s Hospital in the Court of Common Pleas, Summit County, Ohio, individually, and as next friend of minors A.D., B.D., and C.D., and other similarly situated individuals. The plaintiff alleged that his own PII and that of his minor children and other individuals was disclosed to third parties such as Meta (Facebook), Google, and others without their knowledge or consent, resulting in an invasion of privacy.
In addition to invasion of privacy – intrusion upon seclusion, the lawsuit asserted claims of negligence, negligence per se, breach of confidence, unjust enrichment, and interception and disclosure of electronic communications. Akron Children’s Hospital denies all claims asserted in the lawsuit and all allegations of wrongdoing and liability; however, it attempted mediation to avoid further litigation costs and the uncertainty of a jury trial. While initial mediation efforts failed, after several months of negotiation, a settlement was agreed that was acceptable to all parties. The settlement agreement has now received preliminary approval from Judge Alison McCarty.
The settlement agreement addresses the harm caused by the alleged data disclosure, the potential for future harm, and economic losses incurred by the plaintiffs and the 313,700 class members. All class members will be entitled to claim a one-time cash payment of $19 and will be provided with two years of credit monitoring and identity theft protection services, which include dark web monitoring, lost wallet assistance, a $1 million identity theft insurance policy, and fully managed identity theft restoration and advisory services.
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Akron Children’s Hospital will also pay attorneys’ fees, costs, and expenses, settlement administration costs, service awards for class members, and has agreed to injunctive relief, which includes the removal of pixels from its public-facing website, and a commitment not to add pixels to its patient portal or any forms on its public-facing website. Akron Children’s Hospital is permitted to use pixels that are essential for website functionality and may use HIPAA-compliant third-party companies in the future for analytics functions, provided a business associate agreement is in place.
The deadline for exclusion from the settlement, objection, and submitting a claim is September 29, 2025. The final approval hearing has been scheduled for October 10, 2025.
