A proposed class action settlement has been reached in Rogers, et al., v. Des Moines Orthopaedic Surgeons, P.C. over a February 2023 data security incident affecting patients’ personal information, and the court-approved notice outlines monetary relief options and procedural requirements for class members.
Data Security Incident and Allegations
In February 2023, the defendant in the litigation, Des Moines Orthopaedic Surgeons, experienced a data security incident that permitted unauthorized access to its computer network systems. The incident resulted in the potential unauthorized acquisition of personal information that included names, Social Security numbers, birth dates, driver’s license numbers and/or state ID numbers, passport numbers, direct deposit bank information, health information, medical insurance details, and other sensitive data. Plaintiffs filed the lawsuit asserting claims relating to this Data Incident.
Des Moines Orthopaedic Surgeons has denied wrongdoing or violation of any laws including HIPAA compliance and characterized the settlement as a resolution of disputed claims without admitting liability.
Settlement Terms and Benefits
The proposed Settlement provides monetary relief and services to eligible Class Members. Monetary relief includes refund for documented ordinary out-of-pocket expenses up to $400 per claimant and refund for documented extraordinary expenses up to $5,000 per claimant when supported by proper documentation. Eligible class members may also receive refund for about four hours of lost time at a rate of $25 per hour. Alternative cash payments are available, with class members eligible for a one-time payment of $25 or a one-time payment of $100 for individuals whose Social Security numbers were affected.
All monetary relief benefits are subject to a maximum aggregate cap of $1,000,000 for all Settlement Class Members combined. In addition to monetary relief, class members could get credit monitoring and identity theft protection services for three years with three-bureau coverage and identity theft insurance worth $1,000,000.
Claim Submission Deadlines and Procedures
Settlement Class Members seeking monetary relief and credit monitoring must submit a Claim Form by March 23, 2026, either online or by mail. The notice outlines that failure to submit a valid claim means the individual will not receive Settlement benefits. Class members may request exclusion from the Settlement to retain the right to pursue independent legal action until February 23, 2026. Objecting to the proposed Settlement is permitted by filing a written objection until February 23, 2026. A final approval hearing is scheduled for April 2, 2026 at the Dallas County Courthouse in Adel, Iowa.
