Over the past 18 months, many healthcare providers have settled class action lawsuits over their use of website tracking and analytics tools. The list continues to grow with a further five settlements recently announced; however, class action lawsuits stemming from the use of tracking and analytics tools do not always result in settlements. A proposed class action lawsuit against CRH Healthcare, doing business as Peachtree Immediate Care in Georgia, that alleged violations of the federal Electronic Communications Privacy Act and asserted claims for negligence/negligence per se , breach of implied contract, breach of express contract, breach of fiduciary duty, and unjust enrichment, has been dismissed with prejudice.
The judge ruled that the complaint was speculative, as the plaintiff failed to explain what damages had been suffered as a result of the defendant’s actions. The plaintiff has been given 14 days to file an amended complaint, or the lawsuit will be permanently dismissed. The decision shows that while tracking and analytics tools may result in disclosures of sensitive data to third parties, the plaintiff(s) must demonstrate that the disclosures resulted in a compensable injury.
Emanate Health Medical Center Pixel Settlement Emanate Health Medical Center, a nonprofit healthcare organziation based in Covina, California, Emanate Health Medical Center faced multiple class action lawsuits over the use of tracking tools such as pixels. The lawsuits were consolidated into a single complaint – Ortega, et al. , v.
Emanate Health Medical Center – in the Superior Court of the State of California, County of Los Angeles. The consolidated lawsuit asserted claims for violations of the California Invasion of Privacy Act, California Confidentiality of Medical Information Act, invasion of privacy under the California Constitution, and common law invasion of privacy – intrusion upon seclusion.
Emanate Health Medical Center denies all allegations of wrongdoing and liability, and all material allegations in the lawsuit; however, it agreed to a settlement to avoid the risks and costs of lengthy litigation and the uncertainty of a trial and appeals. Emanate Health has agreed to establish a $777,000 settlement fund to cover attorneys’ fees and expenses, settlement administration costs, and service awards for the four class representatives.
The net settlement fund after costs and expenses have been deducted is expected to be approximately $433,709, which will be divided pro rata between all individuals who submit a claim. In the unlikely event that every class member submits a claim, that would equate to a payment of $11 per class member. The class consists of individuals who logged in to the Emanate Health patient portal, and/or submitted an online form and/or scheduled an appointment on the Emanate Health website between August 30, 2019, and April 30, 2024.
The deadline for objection and opting out is August 31, 2026. Claims must be submitted by September 29, 2026, and the final fairness hearing has been scheduled for November 19, 2026. Bayhealth Medical Center Pixel Settlement Bayhealth Medical Center, a hospital system serving patients in central and southern Delaware, faced multiple class action lawsuits over its use of third-party tracking pixels on its website, resulting in disclosures of website users’ sensitive data to third parties.
The lawsuits were consolidated into a single complaint – Doe et al. v. Bayhealth Medical Center Inc.
, d/b/a Bayhealth – in the Superior Court of the State of Delaware Bayhealth denies all wrongdoing and liability and sought to have the lawsuit dismissed; however, the motion to dismiss was denied, and the claims for negligence, breach of implied covenant of good faith and fair dealing, unjust enrichment, breach of confidentiality, and violation of the Delaware Consumer Fraud Act were allowed to proceed.
After prolonged and extensive arm’s length negotiations and mediation, all parties agreed to a settlement to avoid the cost and time required for continued litigation and the uncertainties associated with a trial and related appeals. Bayhealth has agreed to cover the cost of attorneys’ fees and expenses, settlement administration and notification costs, and service awards for the class representatives, and will pay for two benefits for the class members.
Class members are eligible to enroll in one year of medical data monitoring services and may submit a claim for a one-time cash payment of $25 per class member. The class consists of all patient portal users who used Bayhealth websites and patient portal websites between January 1, 2019, and December 31, 2025. The deadline for objection and opting out is September 4, 2026.
Claims must be submitted by October 5, 2026, and the final fairness hearing has been scheduled for October 29, 2026. Mount Sinai Medical Center of Florida Pixel Settlement Mount Sinai Medical Center of Florida, aka Mount Sinai Medical Center, a Miami, FL-based hospital and the largest private, independent not-for-profit teaching hospital in the state, faced multiple class action lawsuits over its use of tracking, analytics, and advertising technologies on its website and patient portal.
The lawsuits were consolidated into a single action – Boggiano, et al. v. Mount Sinai Medical Center of Florida a/k/a Mount Sinai Medical Center – in the Circuit Court for Broward County, Florida.
The lawsuit alleged that these tools resulted in the impermissible disclosure of personal and protected health information to third parties, without the knowledge or consent of patients. The lawsuit asserted claims for invasion of privacy and unjust enrichment. The defendant denies wrongdoing and liability, and disagrees with the claims and contentions in the lawsuit; however, after several months of negotiation and mediation, the terms of a settlement were agreed upon.
Originally published at hipaajournal.com
