A proposed settlement has been reached with Defendants Calibrated Healthcare Systems, LLC and Calibrated Healthcare, LLC (collectively, “Calibrated” or “Defendants”) relating to the alleged Data Breach Defendants suffered in February 2024, whereby certain files containing the personally identifiable information (“PII”) and protected health information (“PHI”) (collectively, “Confidential Information”) of their patients were allegedly accessed, viewed, copied, and disclosed without authorization.
The Settlement Class is defined as “[t]he approximately 34,562 persons identified on the Settlement Class List, including Plaintiffs, whose Confidential Information may have been compromised as a result of the Data Breach. Excluded from the Settlement Classes are: (1) the Judges presiding over the Action, members of their families, and staff; (2) the Defendants, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendants or their parents have a controlling interest and their current or former officers, and directors; (3) individuals who properly execute and submit a procedurally proper and timely Request for Exclusion prior to the expiration of the Opt-Out Period; and (4) any person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Breach, or who pleads nolo contendere to any such charge.
If you received a notice from Defendants about the alleged Data Breach, you are included in this Settlement as a “Settlement Class Member” unless you opt-out.
Under the Settlement, Defendants have agreed to establish a Settlement Fund to pay for: (i) two years of Medical Monitoring and Identity Theft Monitoring Services; (ii) an approximate Monetary Payment between $21.44 and $28.68 for the alleged damages Class Members suffered as a result of having their Confidential Information allegedly disclosed during the Data Breach, which includes the damages for the claims brought under the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq.; (iii) a cash payment of up to $175.00 for up to seven hours of time spent fairly traceable to the alleged Data Breach valued at $25.00 per hour (“Documented Time”); (iv) a cash payment of up to $5,000.00 for documented, out-of-pocket losses or expenditures fairly traceable to the Data Breach (“Out-of-Pocket Costs”); and (v) Administrative Expenses, court-approved attorneys’ fees and expenses, and Service Awards for Class Representatives.
The Court in charge of this case has granted preliminary approval of the Settlement, but has not yet decided whether to grant final approval of the Settlement. No Settlement Benefits or payments will be provided unless the Court grants final approval of the Settlement and the Settlement becomes final.
These rights and options—and the deadlines to exercise them—are explained in the Notice. If you are a Settlement Class Member, your legal rights will be affected whether or not you take action. Please read the entire Notice carefully.
Your Legal Rights and Options in this Settlement | Deadline | |
Do Nothing | If you do nothing, you will automatically receive two free years of Medical Shield Total by CyEx and an approximate monetary cash payment between $21.44 and $28.68. You will also give up your rights to sue Defendants and certain related parties for the claims this Settlement resolves. | |
Submit a Claim Form to Obtain Certain Benefits | Submitting a Claim Form is the only way that you can receive a payment for Documented Time and reimbursement of Out-of-Pocket Costs. | Claims must be |
Exclude Yourself from the Settlement | This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Defendants, or certain related parties, based on claims related to the alleged Data Breach. If you exclude yourself, you will give up the right to receive any benefits from this Settlement, including Medical Shield Total by CyEx and an automatic Monetary Payment. | Requests for |
Object to or Comment on the Settlement | You may object to the Settlement by filing a statement with the Settlement Administrator and informing it why you don’t think the Settlement should be approved and mailing a copy of the statement to the addresses set forth below. You can also write to the Settlement Administrator to provide comments or reasons why you support the Settlement. If you object, you will still automatically receive Medical Shield Total by CyEx and an approximate Monetary Payment between $21.44 and $28.68. You may also submit a Claim Form to receive additional Settlement Benefits, and you will give up the right to sue the Defendants and certain related parties in any separate lawsuit based on claims related to the alleged Data Breach. | Objections must be |
Attend the Final Approval Hearing on August 13, 2026 | You may attend the Final Approval Hearing where the Court may hear arguments concerning the approval of the Settlement. You are not required to attend the Final Approval Hearing. | |
Upcoming Important Dates
Notification Mailing
4/10/2026
Objection Deadline
6/9/2026
Claim Deadline
7/9/2026
Opt Out Deadline
7/9/2026
Final Approval Hearing
8/13/2026 at 10:00 a.m.