SEATTLE--(BUSINESS WIRE)--Attorney Advertising. Keller Rohrback L.L.P. filed a class action lawsuit against Excellus BlueCross BlueShield alleging the healthcare provider (1) failed to implement security measures designed to prevent this attack; (2) failed to employ security protocols to detect the breach; and (3) failed to maintain basic security measures that would have ensured that data would be harder to access or steal, particularly given the fact that their systems harbor medical and other private data. The Complaint also alleges that Excellus failed to timely notify consumers of the breach.
The intrusion into the Excellus systems began nearly two years ago, with hackers apparently first accessing the systems on December 23, 2013. Excellus discovered the hack only a short time ago, on August 5. The company’s President and CEO has confirmed that hackers may have gained unauthorized access to individuals’ information, which could include name, date of birth, Social Security number, mailing address, telephone number, member identification number, financial account information and claims information. These types of critically important information are used to commit fraud or identity theft.
The Complaint, filed on behalf of a New York-based married couple, includes detailed information on the “lifelong battle” consumers endure to control the damages resulting from the theft of personal information by hackers, including fraudulent tax returns, stolen identities, and/or medical identity fraud.
“We have heard from Excellus customers who are concerned that their information was not kept safe from criminals who can use this data to commit identity theft and fraud,” said Cari Laufenberg, a member of Keller Rohrback’s nationally recognized Complex Litigation Group.
“While conducting an investigation into their Network’s security is critical to protecting consumers’ private personal data, Defendants were too late,” the Complaint says. “The massive Data Breach could have been prevented and should have been monitored long before ‘cyberattacks on other companies’ prompted an investigation nearly two years later.”
If you are concerned that your personal information was breached and would like to know more about your rights, please contact attorney Cari Laufenberg at (800) 776-6044 or via email at consumer@kellerrohrback.com.
The case is Fisher, et. al. v. Lifetime Healthcare, Inc. and Excellus Health Plan Inc., in the Western District of New York. A copy of the complaint is available at krcomplexlit.com.
Keller Rohrback is a leader in representing consumer and employee victims of data breaches. Keller Rohrback has a long track-record of success with data breach litigation, including the Ninth Circuit case Krottner v. Starbucks where the court held that the theft of a laptop containing employees’ personally identifiable information sufficed to confer Article III standing on plaintiffs.
The firm also serves as Co-Lead Counsel in the Sony Pictures Entertainment Inc. Data Breach case, where thousands of current and former employees’ claims are proceeding after prevailing against Sony’s motion to dismiss. In addition, Keller Rohrback represents plaintiffs in the Target consumer litigation pending in the District of Minnesota, as well as the Anthem Inc. Data Breach litigation.
Keller Rohrback, with offices in New York, Seattle, Phoenix and Santa Barbara, serves as lead and co-lead counsel in class actions throughout the country. Our Complex Litigation Group is proud to offer its expertise to clients nationwide, and our trial lawyers have obtained judgments and settlements on behalf of clients in excess of seven billion dollars.
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