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

Settlement Agreed to Resolve Weirton Medical Center Data Breach Lawsuit

Weirton Medical Center in West Virginia has agreed to a settlement to resolve class action litigation over a January 2024 ransomware attack that involved the exfiltration of sensitive data from its network. Hackers had access to its computer network between January 14 and January 18, 2024, and used ransomware to encrypt files. Data stolen in the attack included names, dates of birth, Social Security numbers, health insurance information, and treatment information. The affected individuals were notified on March 18, 2024, and the data breach was reported to the HHS Office for Civil Rights as affecting 26,793 individuals.

Four class action lawsuits were filed in response to the data breach in the U.S. District Court for the Northern District of West Virginia, naming Trish Yano, Matthew Foltz, Leslie Telek, and Judy Mullins as plaintiffs. The lawsuits were consolidated into a single lawsuit – In re Weirton Medical Center Data Breach Litigation – on June 21, 2024. The lawsuit asserted claims of negligence and negligence per se for failing to protect sensitive data on its network from unauthorized access, as well as unjust enrichment, breach of implied contract, breach of confidence, and breach of fiduciary duty.

The lawsuit survived a motion to dismiss, and all parties filed a joint motion to stay proceedings pending mediation. Weirton Medical Center disagreed with all claims and contentions in the lawsuit; however, after a full day of mediation, the material terms of a settlement were agreed upon by all parties. The settlement has now been finalized and resolves the litigation in its entirety, with no admission of liability or wrongdoing.

All class members are entitled to claim one of two cash payments and credit monitoring services. A claim may be submitted for reimbursement of actual documented, unreimbursed losses that were more likely than not caused by the data breach up to a maximum of $5,000 per class member.  Alternatively, class members may claim a cash payment of $50.00, without providing any documentation to prove losses.

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All class members can claim one year of three-bureau credit monitoring services, which include identity theft protection and recovery services, and a $1,000,000 identity theft insurance policy. The deadline for exclusion from and objection to the settlement is October 6, 2025. Claims must be submitted by November 5, 2025. The settlement has received preliminary approval from the court, and the final fairness hearing is scheduled for November 3, 2025.

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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