Dittman et al. v. UPMC et al., Settlement Website

If you received a Notice, you are a current or former employee of a UPMC entity whose personal information may have been accessed or exposed during a breach of UPMC’s computer systems, first publicly announced in early 2014. A group of similarly situated individuals brought a proposed class action lawsuit against UPMC in 2014, alleging UPMC was negligent due to its data security practices. UPMC denied the allegations and denied that it would be found liable. The parties have now reached a proposed settlement of the lawsuit.

The Court authorized the Notice because you have a right to know about your rights under the proposed class action Settlement before the Court decides whether to approve the Settlement. If the Court approves the Settlement, and after objections and appeals are resolved, a Settlement Administrator appointed by the Court will make the cash payments that the Settlement allows, and the pending legal claims against UPMC will be released and dismissed.

The Notice explains the lawsuit, the Settlement, your rights, what benefits are available, who is eligible for them, and how to get them.

The Court in charge of the case is the Court of Common Pleas of Allegheny County, Pennsylvania, and the case is known as Dittman et al. v. UPMC et al., Case No. GD 14-003285 (Allegheny Cty. Ct. Com. Pl.). The current and former employees who sued are called “Plaintiffs,” and the entities they sued, UPMC d/b/a The University of Pittsburgh Medical Center and UPMC McKeesport, are the “Defendants.”

The Dittman v. UPMC lawsuit is related to the 2014 Data Breach and asserts claims against UPMC for alleged negligent data security practices. The employee Plaintiffs seek to recover damages in the lawsuit for incidents of identity theft, tax refund fraud, inconveniences, and other costs allegedly incurred as a result of the Data Breach. UPMC denies the allegations, denies any wrongdoing, and denies that it is liable in any amount to Plaintiffs. The Court has not decided whether UPMC has any legal liability.

In a class action, one or more individuals called “Class Representatives” sue on behalf of themselves and other individuals with similar claims. All of these entities together are the “Class” or “Class Members.” One court resolves the issues for all class members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of Plaintiffs or UPMC. Instead, both sides agreed to the Settlement. The Settlement is not an admission that UPMC did something wrong, but rather a compromise to end the lawsuit. By agreeing to settle, both sides avoid the costs, risks, and uncertainties of a trial and related appeals, while providing benefits to members of the Settlement Class. The Settlement Class Representatives and the attorneys for the Settlement Class think the Settlement is best for all Class Members.

You are a member of the Settlement Class and affected by the Settlement if:

• You are or were employed by a UPMC entity; and
• Your personally identifying information was contained in or on the UPMC computer system and was potentially accessed, stolen, or compromised as a result of the data breach first announced by UPMC in February 2014.

Specifically excluded from the Settlement Class are the Court—and any immediate family members of the Court—and individuals who timely and validly request exclusion from the Settlement Class.

If you timely exclude yourself from the Settlement, you are no longer part of the Settlement Class and will no longer be eligible to receive any of the Settlement benefits. This process of excluding yourself is also referred to as “opting out” of the Settlement.

If you are still not sure whether you are included, you can ask for free help. You can call 1-855-535-1794 or write to:

UPMC Data Breach Settlement Administrator
P.O. Box 5838
Portland, OR 97228-5838

Under the Settlement, UPMC will pay $1,679,000 (one million, six hundred and seventy-nine thousand dollars) into a Settlement Fund. One half of the Settlement Fund ($839,500) will be initially reserved in a “Documented Fraud Fund” to pay claims to Settlement Class Members who submit claims and documentation establishing that they suffered a Documented Out-of-Pocket Fraud Loss or Documented Fraud-Related Inconvenience. (Those terms are described in more detail in the section below). The maximum claim amounts are $5,000 for Documented Out-of-Pocket Fraud Losses and $250 for Documented Fraud-Related Inconvenience. These amounts may be reduced pro rata if the total value of claims made exceed available funds, and the Documented Fraud-Related Inconvenience claims will not be paid at all if the Documented Fraud Fund is insufficient to cover the value of all approved Documented Out-of-Pocket Losses and at least $25 per Documented Fraud-Related Inconvenience claim.

The other half of the Settlement Fund, plus any unclaimed amounts in the Documented Fraud Fund, will be distributed in equal shares to all Settlement Class Members who do not receive payments from the Documented Fraud Fund.

In addition, UPMC will pay up to $200,000 to cover the costs of notice and settlement administration, and, if approved by the Court, UPMC will pay up to $750,000 in costs and expenses to attorneys for the Settlement Class, and service awards of $3,000 to each of the seven Class Representatives.

The amount of your payment will depend on several factors and variables, such as whether you submit a claim, or do nothing and accept the automatic payment; the approved amount of any claim you submit; and the total value of all approved claims.

• Automatic “Unclaimed Distributions” – No Claim Form Required. If you did not experience any type of fraud losses or fraud-related inconveniences after the 2014 UPMC Data Breach, or you do not wish to submit a Claim Form, you will automatically receive a payment as a result of this Settlement. You do not need to do anything. This automatic payment will be approximately $10–$20 per Settlement Class Member, depending on variables such as the total value of approved claims and the total cost of settlement administration.

If you wish to submit a claim, there are two types to choose from based on your circumstances:

• Documented Out-of-Pocket Fraud Loss Claims: If you suffered documented, unreimbursed out-of-pocket losses related to the 2014 UPMC Data Breach, you may submit a claim to receive up to the amount of your loss or $5,000, whichever is less. The amount received may be subject to pro rata reduction as discussed below. This type of claim must be supported with documentation. The acceptable forms of documentation are described on the enclosed Claim Form. Documented Out-of-Pocket Fraud Loss Claims can include claims related to unreimbursed losses you suffered as a result of completed or attempted acts of identity theft or fraud involving the use of personally identifying information, such as (1) submission of a fraudulent tax return in your name resulting in tax refund theft or mis-delivery; (2) opening of a fraudulent financial account in your name; (3) hijacking control over an existing financial account owned by you through fraudulent address or password changes; and (4) the posting of a fraudulent transaction against a financial account in your name, resulting in a loss of your money. To be valid, the claim must relate to unreimbursed losses you experienced between January 1, 2014, and December 31, 2016, or, if the loss occurred after December 31, 2016, you must provide additional documentation that indicates a direct causal link between your loss and the 2014 UPMC Data Breach. Claims are subject to review and approval by the Court-appointed Settlement Administrator, and there is no guarantee that a Documented Out-of-Pocket Claim will be approved in full or part.
• Documented Fraud-Related Inconvenience Claims: If you experienced fraud or identity theft likely related to the 2014 UPMC Data Breach and spent time investigating and addressing the incident(s), or you lost the use of some identifiable amount of your money for at least one month as a result of fraud before the money was restored or reimbursed, you may submit a claim for up to $250. This claim may include payment towards time you spent related to the fraud incident(s), at $25 per hour for a maximum of 10 hours; or up to $50 per month that an identifiable sum of money was unavailable to you before it was restored, up to a maximum of 5 months. You may combine claims for time you spent and the time you did not have access to your money, but in no event will your claim be approved for more than $250. This type of claim must be supported with documentation. The acceptable forms of documentation are described on the enclosed Claim Form. To be valid, the claim must relate to a fraud incident or incidents you experienced between January 1, 2014, and December 31, 2016, or, if the fraud occurred after December 31, 2016, you must provide additional documentation that indicates a direct causal link between the fraud and the 2014 UPMC Data Breach. Claims are subject to review and approval by the Court-appointed Settlement Administrator, and there is no guarantee that a Documented Fraud-Related Inconvenience Claim will be approved in full or part. Further, these types of claims are subject to availability of funds and may not be paid at all, as described below.

You may submit both a Documented Out-of-Pocket Fraud Loss Claim and a Documented Fraud-Related Inconvenience Claim, but in no circumstances will you receive more than $5,250 or the maximum value of your documented, approved claims, whichever is less.

First, the Court-approved Settlement Administrator will review all submitted claims and determine their validity. If the aggregate value of all approved claims is less than amount of the Documented Fraud Fund, then the Settlement Administrator will pay all the approved claims in full. Any funds remaining in the Documented Fraud Fund will then roll over into the Unclaimed Distributions Fund to be used for Unclaimed Distributions.

If the aggregate value of all approved claims exceeds the amount of the Documented Fraud Fund, the Settlement Administrator will give priority to Documented Out-of-Pocket Fraud Loss Claims and determine whether those claims can be paid in full by making pro rata, proportional reductions of Documented Fraud-Related Inconvenience Claims, while preserving a minimum payment amount of $25 for Documented Fraud-Related Inconvenience Claims. If the Documented Fraud Fund is insufficient to pay both all Document Out-of-Pocket Fraud Loss Claims in full and a minimum of $25 per Documented Fraud-Related Inconvenience Claim, then no Documented Fraud-Related Inconvenience Claims will be paid at all. Instead, the Documented Out-of-Pocket Fraud Loss Claims will be paid in full and any remaining amounts in the Documented Fraud Fund will roll over to the Unclaimed Distributions Fund, or the Documented Out-of-Pocket Fraud Loss Claims will be paid as fully as possible after making proportional pro rata reductions to those claims. In other words, the payment of any Documented Fraud-Related Inconvenience Claims is conditioned on the availability of sufficient funds in the Documented Fraud Fund to pay a minimum of $25 per Documented Fraud-Related Inconvenience Claim.

You do not need to submit a Claim Form to receive the $10–$20 automatic payment. All Settlement Class Members that wish to receive compensation other than the automatic Unclaimed Distribution payment must complete and submit a Claim Form and follow its instructions, including submitting supporting documentation as needed. The Claim Form is included with this Important Documents page of this website.

To properly complete and timely submit a Claim Form, you should read the instructions carefully, include all information required by the Claim Form, sign it, and either submit the signed Claim Form electronically on this website by November 19, 2021, or mail it to the Settlement Administrator postmarked no later than November 19, 2021, at the following address:

UPMC Data Breach Settlement Administrator
P.O. Box 5838
Portland, OR 97228-5838

The Settlement Administrator will review your claim to determine its validity and the amount of your payment.

The Court will hold a hearing on December 29, 2021, to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether these appeals can be resolved and resolving them takes time, perhaps more than a year. Payments to Settlement Class Members will be made after the Settlement is finally approved and any appeals or other required proceedings have been completed as set forth in the Settlement Agreement. Please visit this website for updates on the progress of the Settlement. Please be patient.

Unless you exclude yourself from the Settlement, you cannot sue, or be part of any other lawsuit against, UPMC or Defendants’ Released Persons (as defined in the Settlement) relating to the 2014 UPMC Data Breach. The specific claims you are giving up against UPMC and Defendants’ Released Persons are described in the Settlement Agreement. The terms of the release are described in Section 9 of the Settlement Agreement. Read it carefully. The Settlement Agreement is available here .

If you have any questions, you can talk to the Settlement Administrator or Settlement Class Counsel listed in FAQ 16 for free, or you can, of course, talk to your own lawyer if you have questions about what this means.

If you want to keep your rights to sue or continue to sue UPMC based on claims this Settlement resolves, you must take steps to exclude yourself from the Settlement Class (see FAQ 13–15).

To exclude yourself from the Settlement, or “opt out,” you must send a letter by U.S. Mail that includes the information in the bullet points below. If you fail to include this information, the notice of exclusion will be ineffective and the Settlement Class Member will be bound by the Settlement, including all releases.

• The name of this Litigation (Dittman et al. v. UPMC et al., Case No. GD 14-003285 [Allegheny Cty. Ct. Com. Pl.]);
• Your full name, address, phone number, and signature;
• The words “Request for Exclusion” at the top of the document or a statement in the body of the document requesting exclusion from the Settlement;
• If you are filing a request for exclusion on behalf of an incapacitated or deceased Settlement Class Member for whom you are legally authorized to act, you must include your name, address, phone number, signature, and relationship to the Settlement Class Member, as well as that person’s name and address.

You must mail via First-Class postage prepaid United States Mail the completed above-described letter, postmarked no later than November 19, 2021, to each of the following addresses:

If you ask to be excluded, you will not get any payment as part of this Settlement, and you cannot object to this Settlement. You will not be legally bound by anything that happens in the Settlement and related proceedings. You will be able to sue (or continue to sue) UPMC in the future. If you both object to the Settlement and seek to exclude yourself, you will be deemed to have excluded yourself.

No. Unless you exclude yourself from the Settlement, you give up any right to sue UPMC and Defendants’ Released Persons (as defined in the Settlement Agreement) for the claims that this Settlement resolves. If you have a pending lawsuit, speak to your lawyer in that case immediately. You must exclude yourself from this Settlement to continue your own lawsuit. Remember, the exclusion deadline is November 19, 2021.

No. If you exclude yourself, do not send in a Claim Form asking for a payment.

Yes. The Court appointed to represent you and other members of the Settlement Class the law firm of Carlson Lynch, LLP, in Pittsburgh, Pennsylvania (“Class Counsel.”). You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel joined with other law firms to initiate the lawsuit and prosecuted the case on behalf of Settlement Class Members for more than six years, including taking appeals of pretrial legal rulings to the Superior and Supreme Courts of Pennsylvania. Class Counsel worked on a contingent basis, which means that they would receive a fee only if the lawsuit was successful. None of the lawyers has yet received any payment for their time or expenses. The lawyers intend to ask the Court to approve an award of $750,000, to be paid separately by UPMC, as attorneys’ fees and expenses to compensate them for their time, the financial risk that they undertook, and the out-of-pocket costs they advanced. UPMC has agreed not to object to these requests.

The Settlement Class is represented by seven named individuals (the “Settlement Class Representatives”). In addition to the benefits that the Settlement Class Representatives will receive as members of the Settlement Class—and subject to the approval of the Court—UPMC has agreed to pay service awards of $3,000 to each of the Settlement Class Representatives for the efforts that they have expended on behalf of the Settlement Class. The amount of the service awards approved by the Court will be paid separately by UPMC.

The Court will determine whether to approve the amount of fees and costs and expenses requested by Class Counsel and the proposed service awards to the Settlement Class Representatives at the Final Approval Hearing scheduled for December 29, 2021. Class Counsel will file an application for fees, expenses, and service awards no later than November 5, 2021. The application will be available on the Important Documents page of this website or you can request a copy by contacting the Settlement Administrator (see FAQ 23).

If you are a Settlement Class Member, you can object to the Settlement if you do not think it is fair, reasonable, or adequate. You can give reasons why you think the Court should not approve it. The Court will consider your views. If you both object to the Settlement and seek to exclude yourself, you will be deemed to have excluded yourself and your objection will be deemed null and void.

Your objection must be in writing and must include:

• The name of this Litigation: Dittman et al. v. UPMC et al., Case No. GD 14-003285 (Allegheny Cty. Ct. Com. Pl.);
• Your full name, address, email address, and telephone number, and if the objection is filed by someone else on your behalf, that person’s full name, address, email address, and telephone number;
• An explanation of the basis for why you are a Settlement Class Member;
• Whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class;
• All grounds for the objection stated with specificity, accompanied by any legal support for the objection;
• The identity of all counsel who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement Agreement, Class Counsel’s request for attorney’s fees, costs, and expenses, or the application for Service Awards;
• The identity of all representatives (including counsel representing the objector) who will appear at the Final Approval Hearing, and if the objector is represented by an attorney, that attorney’s legal background and prior experience in class litigation, the amount of fees sought by the attorney and legal justification for such fees, a statement regarding how the sought fees are being calculated, the number of hours spent by the attorney on the objection or the case, the attorney’s hourly rate, and a description of any agreements related to the objection between the objector and the attorney or any other person or entity;
• A description of all evidence to be presented at the Final Approval Hearing in support of the objection, including a list of any witnesses, a summary of the expected testimony from each witness, and a copy of any documents or other non-oral material to be presented;
• All other information specified in the Preliminary Approval Order (available here), including, but not limited to, information relating to any objections you or your counsel have filed in other class action litigation and any agreements that relate to your objection; and
• Your signature or your attorney’s signature on the written objection.

Any objection must be either filed electronically with the Court or mailed to the Clerk of Court, Class Counsel, and UPMC’s counsel at the addresses set forth below. The objection must be filed with the Court—or if mailed it must be postmarked—no later than November 19, 2021.

In addition, any Settlement Class Member that objects to the proposed Settlement Agreement may be required to appear for deposition regarding the grounds for their objection and must provide along with its objection the dates when the objector will be available to be deposed up until the date five days before the Final Approval Hearing.

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to the benefits provided by the Settlement or other terms of the Settlement only if you stay in the Settlement Class. Excluding yourself or “opting out” is telling the Court that you don’t want to be included in the Settlement Class. If you exclude yourself, you have no basis to object to the Settlement and related releases because the Settlement no longer affects you.

The Court will hold a Final Approval Hearing at 9:30 a.m. on December 29, 2021, using microsoft teams. View the methods of attending the hearing at the top of these FAQs. This hearing date and time may be moved. Please refer to this website for notice of any changes.

By no later than November 29, 2021, Class Counsel shall file a motion for final approval of the Settlement. Objectors, if any, shall file any response to Class Counsel’s motions no later than December 10, 2021. By no later than December 17, 2021, responses shall be filed, if any, to any filings by objectors, and any replies in support of final approval of the Settlement and/or Class Counsel’s application for attorneys’ fees, costs, and expenses and for Service Awards shall be filed.

At the Final Approval Hearing, the Court will consider, among other things, whether the Settlement is fair, reasonable, and adequate; how much Plaintiffs’ lawyers will receive as attorneys’ fees and costs and expenses; and whether to approve service awards to the Settlement Class Representatives. If there are objections, the Court will consider them. The Court will listen to people at the hearing who file in advance a timely notice of their intention to appear (see FAQ 18). At or after the Final Approval Hearing, the Court will decide whether to approve the Settlement. There is no deadline by which the Court must make its decision.

No. Class Counsel will answer questions the Court may have. You are welcome, however, to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. As long as you submitted your objection timely and in accordance with the requirements for objecting set out of the Settlement (see FAQ 18), the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

If you are a Settlement Class Member and do nothing, you will remain a part of the Settlement Class and will receive a payment from the Unclaimed Distribution Fund, but no additional money. The amount of the payment is likely to be between $10 and $20. And, unless you exclude yourself, you will not be able to sue UPMC about the claims being resolved through this Settlement ever again. See the Settlement Agreement for more details about the releases.

If you received an email from noreply@epiqpay.com, it is because you were determined to be eligible for a payment in a class action settlement. By default, individuals eligible for payments will receive an email informing them that in a few days they will receive an email containing a link to claim their payment. This is normal. If you claim a payment through EpiqPay, you will also receive one or more follow up emails from our payment partner, Tremendous, confirming the status of your payment. If you do not immediately claim your payment, you may also receive one or more reminder emails.

EpiqPay is the official digital payment platform for Epiq Class Action and Claims Solutions. EpiqPay offers individuals who are eligible to receive payments in mass actions an easy, convenient, fast, and secure way to claim their award. General information about EpiqPay is available at https://www.epiqglobal.com/en-us/technologies/epiq-pay.

Claiming your EpiqPay payment is simple and easy. All EpiqPay payment and reminder emails contain a "Claim Payment" link. If you click the "Claim Payment" link before the payment expiry date listed in your email, the link will take you to a payment dashboard where you can choose your preferred method of payment.

Depending on the method of payment you choose, you may be asked to confirm your selection or provide one or two pieces of information so your payment can be processed. After that, you will receive a small number of interim notifications from our payment partner, rewards@tremendous.com, letting you know your payment is "in process," and eventually you will receive a link to your payment card if you chose that as your option. Contact information for our payment partners is available in these notifications in case you experience any issues using your card.

Emails regarding digital payments for this matter commenced on March 31, 2022, and digital payments will be available to claim through April 15, 2022. During that window, EpiqPay digital payment emails will be sent from noreply@epiqpay.com, so please review your inbox for messages from that email address. Users are encouraged to review their junk and SPAM folders in case the digital payment emails went to those locations.

No. Digital payments are processed quickly, but once a user selects their preferred payment option, it typically takes 2-5 business days for the value of the award to reach end user cards or accounts. Upon making your selection, you will receive emails from EpiqPay and our digital payment partners keeping you updated about the progress of your payment.

This website summarizes the Settlement. More details are in the Settlement Agreement itself. You can view the Settlement Agreement by clicking here or you can request a copy be mailed to you by calling toll‑free 1‑855‑535‑1794.

Please do not contact the Court or UPMC with questions about the Settlement.