Frequently Asked Questions

1. What Is This Lawsuit About?

Plaintiff filed the Lawsuit against Defendant, individually, and on behalf of anyone whose personally identifiable information (“PII”) and personal health information (“PHI”) was potentially impacted as a result of the Data Security Incident.

This Lawsuit arises out of alleged unauthorized access to ECU Health’s data systems, that was discovered on or about December 21, 2023 (the “Data Security Incident”), and allegations concerning certain data potentially accessed during the Data Security Incident that may have contained PII of Settlement Class Members. After learning of the Data Security Incident, Defendant mailed notification to persons whose PII/PHI may have been impacted by the Data Security Incident. Subsequently, this Lawsuit was filed asserting claims against Defendant relating to the Data Security Incident.

ECU Health denies any wrongdoing, liability or that damages resulted from the Data Security Incident. Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that any law has been violated. Defendant denies these and all other claims made in the Litigation. By entering into the Settlement, Defendant is not admitting any wrongdoing. This is just a summary of the allegations. The lawsuit’s complaint, which contains all of the allegations, is posted here.

2. Why is this lawsuit a class action?

In a class action, the Class Representative sues on behalf of all people who have similar claims. Together, in the context of a settlement like this one, all these people are called a Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those Settlement Class Members who timely exclude themselves (opt-out) from the Settlement Class.

3. Why is there a settlement?

Plaintiff and Defendant do not agree about the claims made in this Litigation. The Litigation did not go to trial, and the Court did not decide in Plaintiff’s or Defendant’s favor. To resolve this matter without the expense, disruption, and uncertainties of further litigation, the parties reached a Settlement. The Class Representative, Defendant and their respective attorneys believe the proposed Settlement is fair, reasonable, and adequate, and thus, in Settlement Class Members’ best interest. Full details about the proposed Settlement are found in the Settlement Agreement.

4. Am I a Settlement Class Member?

You are a Settlement Class Member if you are a resident of the United States and were sent a notice of the Data Security Incident. The notice informed individuals that they may have been impacted by the Data Security Incident. Excluded from the Settlement are governmental entities, the Court, the Court’s immediate family and Court staff and any individual who opts-out of the Settlement.

If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, email info@EastCarolinaHealthDataSettlement.com, call toll free (833) 360-6841 or write to: Hill v. East Carolina Health, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799.

5. What Are the Settlement Benefits?

In the proposed Settlement, ECU Health has agreed to establish a Settlement Fund of $250,000 to be used to provide the following benefits to Class Members:

Documented Ordinary Loss Reimbursement: All Settlement Class Members who submit a valid claim are eligible to receive up to $100 per Settlement Class Member for documented losses related to the Data Security Incident. To receive reimbursement for documented ordinary loss expenses, Settlement Class Members must submit a valid and timely Claim Form, including necessary supporting documentation, to the Claims Administrator.

Alternative Cash Payment: In the alternative, a Settlement Class Member may elect to receive a flat cash payment in the amount of $100 (subject to pro rata adjustment based upon total Claim submission).

The Settlement Fund will be used to pay the costs of notice and claims administration, attorneys’ fees and costs and a Service Award to the Plaintiff. Defendant has also enhanced and will also continue to provide security for Plaintiff’s and Class Members’ PII/PHI. Defendant agrees to pay for such remedial costs separate and apart from other settlement benefits.

Please note that to receive payment for documented losses, you must submit the required supporting documentation. Failure to provide documentation will result in a denial of any claim for documented losses.

6. How Do I Get a Payment?

If you would like to receive an award under the Settlement, you must submit a Claim Form no later than September 1, 2025. You may submit a Claim Form online here or download and print a Claim Form here and submit it through mail service delivered to:

Hill v. East Carolina Health
c/o Simpluris
P.O. Box 25226
Santa Ana, CA 92799

7. What am I giving up so as to receive the Cash Payment or to Stay in the Settlement Class?

Unless you timely submit a request for exclusion to exclude yourself (opt-out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Defendant and Released Parties about the legal issues in this Litigation that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

8. What are the Released Claims?

The Settlement Agreement in paragraphs 54-55 describes the Release, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here and in the public Court records on file in this Lawsuit. You can also request a copy of the Settlement Agreement be mailed to you by calling (833) 360-6841 or writing to Hill v. East Carolina Health, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799.

For questions regarding the Releases or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel for free, or you can talk to your own lawyer at your own expense.

9. What happens if my contact information changes after I submit a claim or receive this notice?

If you change your mailing address or email address after you submit a claim form, or after you received the Postcard Notice, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 830-360-6841, by emailing info@EastCarolinaHealthDataSettlement.com, or by writing to: Hill v. East Carolina Health, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799.

10. Who Represents Me?

The Court has appointed the following lawyer as Class Counsel. You do not need to hire your own lawyer, but you may choose to do so at your own expense.

Class Counsel will petition to be paid legal fees of up to 33.33% of the Settlement Fund and to be reimbursed for their reasonable expenses from the Settlement Fund. They will also ask the Court to approve a Service Award of up to $2,500 to the Plaintiff for her service to this Litigation and for her efforts in achieving the Settlement. If awarded by the Court, attorneys’ fees and costs and the Service Award will be paid out of the Settlement Fund. The Court may award less than these amounts.

11. How Do I Exclude Myself from the Settlement?

If you do not want to be included in the Settlement, the Court will exclude you from the Settlement if you timely mail to the Settlement Administrator a written request for exclusion, signed by you, that clearly manifests your intent to be excluded from the Settlement Class. To be timely mailed, your request for exclusion must be postmarked on or before August 18, 2025. To be effective, your exclusion request must:

• Be in writing;

• State your full name, current address, telephone number and email address (if any);

• Specifically state your desire to be excluded from the Settlement and the Class;

• Be signed by you; and

Be mailed to the Settlement Administrator at the following address, postmarked on or before August 18, 2025:

Hill v. East Carolina Health
c/o Simpluris
P.O. Box 25226
Santa Ana, CA 92799

If you exclude yourself from the Settlement Class, sometimes referred to as “opting out,” you will not be eligible to recover any cash benefit as a result of this Settlement, you cannot object to the Settlement at the Final Approval Hearing, and you will not have any rights under the Settlement Agreement. However, you would keep the right to sue ECU Health at your own expense regarding the legal issues raised in this lawsuit.

12. If I Do Not Exclude Myself, Can I Sue Later?

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Parties for the Released Claims.

13. How Do I Object to the Settlement?

You can ask the Court to deny approval by filing an objection. You cannot ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no Settlement payments will be sent out, and the lawsuit will continue. If that is what you want to happen, you should object.

If you are a member of the Settlement Class and you do not exclude yourself from the Settlement, you can object to the Settlement. To do so, you must mail a signed letter postmarked no later than August 18, 2025 to the Settlement Administrator at Hill v. East Carolina Health, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799 setting forth the following:

1. The name of this Litigation (Kaitlyn Hill v. East Carolina Health, Case No. 24-CVS-1110),

2. The objector’s full name, mailing address, telephone number, and email address (if any),

3. The specific reasons for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel,

4. The number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case,

5. 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 and/or Application for Attorneys’ Fees, Costs, and Service Award,

6. The number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the 5 years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years,

7. Any and all agreements that relate to the objection or the process of objecting—whether written or oral—between objector or objector’s counsel and any other person or entity,

8. The identity of all counsel (if any) representing the objector and whether they will appear and address the Court at the Final Approval Hearing,

9. A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any),

10. A statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing and

11. The objector’s signature (an attorney’s signature is not sufficient).

If your objection is submitted and overruled by the Court at the Final Approval hearing, you will remain fully bound by the terms of the Settlement Agreement and the Final Approval Order.

14. What Is the Difference Between Objecting and Asking to be Excluded?

Objecting means telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you stay in the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Settlement. If you exclude yourself, you have no basis to object to the Settlement because it no longer affects you.

15. What Happens If I Do Nothing at All?

If you do nothing, you will be bound by the Settlement. If the Court approves it, you will not get any money from the Settlement, you will not be able to start or proceed with a lawsuit or be part of any other lawsuit against the Released Parties about the Released Claims at any time.

16. When Will the Court Decide Whether to Approve the Settlement?

The Court will hold a Final Approval Hearing on September 15, 2025, at 10:00 a.m. in Courtroom 3. At that hearing, the Court will determine the overall fairness of the settlement, hear objections, and decide whether to approve the requested Attorneys’ Fees and Costs, Service Award for the Class Representative and settlement administration costs. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check this website and the Court’s docket for updates.

17. Do I Have to Come to the Hearing?

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense. If you submit an Objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may have your own lawyer, at your expense, attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections, including the requirements for making an appearance at the hearing.

18. May I Speak at the Hearing?

Yes. You can speak at the Final Approval Hearing. The proper way to obtain permission to speak is to file an objection according to the instructions in Question 13. If you do not file an objection, you can still ask to be heard by the Court at the Final Approval Hearing. The Court may or may not agree to hear you.

19. How Do I Get More Information?

This website is only a summary of the proposed Settlement. For more information, visit the Important Documents page. You may also write to the Settlement Administrator via mail to Hill v. East Carolina Health, c/o Simpluris, P.O. Box 25226, Santa Ana, CA 92799 or via email info@EastCarolinaHealthDataSettlement.com.

Please Do Not Address Any Questions About the Settlement Or Litigation to the Clerk of the Court, the Judge, Defendant or Defendant’s Counsel. Questions Should Be Directed to the Settlement Administrator or Class Counsel.