1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a Settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. What is the deadline for submitting a claim?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Court of Common Pleas of Lehigh County, Pennsylvania, authorized the Notice because you have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is captioned Wermann, et al. v. Medical Associates of the Lehigh Valley, P.C., Case No. 2022-C-2356, pending in the Court of Common Pleas of Lehigh County, Pennsylvania. The people that filed this lawsuit is called the “Plaintiffs” (or “Class Representatives”) and the entity they sued, MATLV, is called the “Defendant.”
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This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to MATLV’s computer systems on or about July 3, 2022 (the “Data Security Incident”). The information included names, Social Security numbers, clinical information, and other medical or personal health information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out from a settlement. In this Settlement, the Class Representatives are Donna Wermann, Jacob Siegel, Daniel Siegel, and Iris Kale, and everyone included in this Action are the Class Members.
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The Court did not decide in favor of the Plaintiffs or the Defendant. Plaintiffs and the Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Class Members.
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The Settlement Class includes all persons residing in the United States who were sent a Notice Letter notifying them that their Personal Information was compromised in the Data Security Incident.
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Yes. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of MATLV, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.
If you are not sure whether you are included in the Settlement Class, you can ask for free help by contacting the Settlement Administrator at:
MATLV Data Security Incident Settlement
c/o Settlement Administrator
PO Box 25232
Santa Ana, CA 97299
info@MATLVSettlement.com
(866) 675-2810
You may also view the Settlement Agreement here.
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MATLV will provide three benefit options under the Settlement Agreement. You may choose ONE of these three options.
OPTION 1: CREDIT MONITORING AND INSURANCE SERVICES. Option 1 provides 12 months of Credit Monitoring and Insurance Services provided by a credit monitoring bureau. This protection includes up to $1 million in identity theft insurance.
OPTION 2: DOCUMENTED LOSS PAYMENT: Class Members who select option 2 may seek reimbursement for actual, documented monetary losses suffered as a result of the Data Security Incident. This reimbursement is capped at $5,000 per Class Members.
Documented Loss Payment claims must include:
You must submit documentation, such as receipts, to verify the costs you incurred. You may submit “self-prepared” documents to add clarity or support to other submitted documentation, but self-prepared documents by themselves are not sufficient to file a valid claim.
OPTION 3: CASH FUND PAYMENT. Alternately, Class Members may choose option 3, which provides a pro rata payment from the Settlement Fund. The specific amount of the Cash Fund Payment will depend on the number of Class Members who claim other benefits, and the litigation and administration fees, costs, and expenses approved by the Court.
If you have questions about any of these benefits, or how to file a claim, you can contact the Settlement Administrator at:
MATLV Data Security Incident Settlement
c/o Settlement Administrator
PO Box 25232
Santa Ana, CA 97299
info@MATLVSettlement.com
(866) 675-2810
You may also view the Settlement Agreement here.
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Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendant about any of the legal claims this Settlement resolves. The “Release” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.
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The fastest way to submit your Claim Form is online by going here. If you prefer, you can download the Claim Form from the website and mail it to the Settlement Administrator at: MATLV Data Security Incident Settlement, c/o Settlement Administrator, PO Box 25232, Santa Ana, CA 97299.
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (866) 675-2810, by email at info@MATLVSettlement.com, or by U.S. mail at the address above.
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If you are submitting a Claim Form online, you must do so by April 6, 2025. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than April 6, 2025.
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The Court will hold a final approval hearing on May 14, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.
Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.
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Yes, the Court appointed Brian Gudmundson of Zimmerman Reed LLP and Lynn Toops of Cohen & Malad, LLP, to represent you and other Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.
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Class Counsel will seek Court approval for attorneys’ fees of $103,923.28 (1/3 of the Settlement Fund), plus reasonable costs and expenses of litigation. These fees and costs, as well as the costs of administration, will be paid from the Settlement Fund.
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If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue the Defendant about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is March 7, 2025.
To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:
Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than March 7, 2025.
MATLV Data Security Incident Settlement
ATTN: Exclusion Request
PO Box 25232
Santa Ana, CA 97299
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.
You may only exclude yourself— not any other person.
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If you are a Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.
For an objection to be considered by the Court, the objection must include:
To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court, with copies served on Class Counsel and counsel for MATLV, no later than March 7, 2025.
Clerk of the Court | Class Counsel | Counsel for MATLV |
Clerk of the Court | Brian C. Gudmundson Lynn Toops | Jill H. Fertel |
If you do not comply with the requirements for objecting you will waive and forfeit any and all rights you may have to appear separately and/or to object to the Settlement and will be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval hearing on May 14, 2025, at 1:30 p.m. Central Time, in Room 5A of the Court of Common Pleas of Lehigh County, at 455 West Hamilton Street, Allentown, PA 18101.
At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See Question 17).
The date and time of this hearing may change without further notice. Please check back for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.
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If you are a Class Member and you do nothing, you will give up the rights described in Question 9, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a benefit from this Settlement.
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This website and the Notice summarize the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here.
If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:
MATLV Data Security Incident Settlement
c/o Settlement Administrator
PO Box 25232
Santa Ana, CA 97299
info@MATLVSettlement.com
(866) 675-2810
You may also view the Settlement Agreement here.
Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, Court of Common Pleas of Lehigh County, 455 West Hamilton Street, Allentown, PA 18101.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
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