Frequently Asked Questions

The Court authorized the notice because you have a right to know about the Settlement, and all of your legal options, before the Court decides whether to give “final approval” to the Settlement. The notice explains the nature of the lawsuit that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

United States District Court Judge Steven D. Grimberg of the Northern District of Georgia is overseeing this case captioned as Tracy v. Elekta, Inc. Case No. 1:21- CV-02851. The people who brought the lawsuit are called the Plaintiffs. The Plaintiffs and Proposed Class Representatives are Carla Tracy, Darryl Bowsky, and Deborah Harrington. The entities being sued, Elekta, Inc. and Northwestern Memorial Healthcare, are called the Defendants.

The lawsuit claims that Defendants were legally responsible for the Data Security Incident and asserts claims such as negligence, negligence per se, breach of implied contract, and violations of the Illinois Genetic Information Privacy Act.

Defendants deny these claims and maintain that they did not do anything wrong. No court or other judicial entity has made any judgment or other determination that Defendants have any liability for these claims or did anything wrong.

In a class action, one or more people called class representatives or representative plaintiffs sue on behalf of all people who have similar claims. Together, all of these people are called a class, and the individuals are called class members. One court resolves the issues for all class members, except for those who exclude themselves from the class.

The Court has not decided in favor of the Plaintiffs or Defendants. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of litigation, a trial, and related appeals, while providing benefits to members of the Settlement Class (“Settlement Class Members”). The Class Representatives appointed to represent the Settlement Class and the attorneys for the Settlement Class (“Class Counsel,” see Question 18) think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a member of the Settlement Class if you reside in the United States and your Sensitive Information was accessed or potentially accessed in connection with the Data Incident, including if you were mailed a notification letter regarding the Data Incident.

Only Settlement Class Members are eligible to receive benefits under the Settlement. Specifically excluded from the Settlement Class are (1) the judge presiding over the class action lawsuit and the judge’s direct family members; (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, directors, and employees; and (3) Settlement Class Members who submit a valid request to be excluded from the Settlement.

If you are not sure whether you are included in the Settlement, you may call 1-844-377-6369 with questions. You may also write with questions to:

Elekta Data Settlement Administrator
P.O. Box 1429
Baton Rouge, LA 70821

The Settlement provides that Defendants will fund the following payments up to a total of $8,900,000: (a) up to $5,000 for reimbursement of your documented Out-of-Pocket Losses reasonably traceable to the Data Incident; (b) an estimated GIPA cash payment, subject to an adjustment, and/or (c) an estimated pro rata payment, subject to adjustment as set forth below.  

Claimants must choose which cash payment they are eligible to receive:

(a) GIPA Cash Compensation (GIPA Cash Payment): After the distribution of attorneys’ fees, Class Counsel’s Litigation Expenses, Administrative Fees, and Compensation for Out-of-Pocket Expenses, the Settlement Administrator will make pro rata settlement payments of 1/2 (50%) of any remaining funds to each Illinois GIPA Subclass Member who submits a claim for GIPA cash compensation. Any pro rata payment amount for the GIPA Cash Payment will be capped at $1,000.00. You must be an Illinois resident to select this option and must attest that you shared your genetic information with either Defendant.

OR

(b) Cash Compensation (Pro Rata Cash Payment): After the distribution of attorneys’ fees, Class Counsel’s Litigation Expenses, Administrative Fees, and Compensation for Out-of-Pocket Expenses, the Settlement Administrator will make pro rata settlement payments of 1/2 (50%) of any remaining funds to each Class Member who submits a Pro Rata Cash Payment claim plus any amount remaining under section (a) to the extent that the GIPA Cash Payments reach the $1,000 cap.

Also, as part of the Settlement, Defendants either have undertaken or will undertake certain reasonable steps to further secure their systems and environments.

Settlement Class Members who submit a claim are eligible to receive one or both of the following:

a) Reimbursement of actual, documented, unreimbursed Out-of-Pocket Losses resulting from the Data Security Incident (up to $5,000 in total), such as the following incurred on or after April 1, 2021:

• • • Unreimbursed payment card fees or unreimbursed bank fees, including unreimbursed card reissuance fees, unreimbursed overdraft fees, unreimbursed charges related to unavailability of funds, unreimbursed late fees, unreimbursed over-limit fees and unreimbursed fees relating to an account being frozen or otherwise unavailable due to the Data Security Incident;
    • Cell, internet or text charges;
    • Unreimbursed costs or charges for obtaining credit reports or credit freezes incurred on or after May 2021 through the date of the Settlement Class Member’s claim submission before the Claims Deadline;
    • Other unreimbursed costs associated with fraud and/or identity theft, including attorneys’ fees and accountant fees; and,
    • Postage costs.

b) A cash payment of one of the following types:

• • • Cash Compensation (GIPA Cash Payment): After the distribution of attorneys’ fees, Class Counsel’s Litigation Expenses, Administrative Fees, and Compensation for Out-of-Pocket Expenses, the Settlement Administrator will make pro rata settlement payments of 1/2 (50%) of any remaining funds to each Illinois GIPA Subclass Member who submits a claim for GIPA cash compensation. Any pro rata payment amount for the GIPA Cash Payment will be capped at $1,000.00. You must be an Illinois resident to select this option and must attest that you shared your genetic information with Defendant NMH or any Elekta Customer located in Illinois.

OR

• • • Cash Compensation (Pro Rata Cash Payment): After the distribution of attorneys’ fees, Class Counsel’s Litigation Expenses, Administrative Fees, and Compensation for Out-of-Pocket Expenses, the Settlement Administrator will make pro rata settlement payments of 1/2 (50%) of any remaining funds to each Class Member who submits a claim plus any amount remaining under section (a) to the extent that the GIPA Cash Payments reach the $1,000.00 cap.

To receive a benefit under the Settlement, you must complete and submit a claim for that benefit (a “Claim”). Every Claim must be made on a form (“Claim Form”), which is available online HERE, for download and mailing HERE, or by calling 1-844-377-6369. Claim Forms will also be sent to Settlement Class Members as part of the postcard notice and tear-off claim form that will be mailed to Settlement Class Members. Read the instructions carefully, fill out the Claim Form, provide the required documentation, and submit it according to the instructions on the Claim Form.

The Settlement Administrator will decide whether and to what extent any Claim made on each Claim Form is valid. The Settlement Administrator may require additional information. If you do not provide the additional information in a timely manner then the Claim will be considered invalid and will not be paid.

The Court will hold a Final Approval Hearing on January 6, 2025 at 2:00 p.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving those can take time, perhaps more than a year. It also takes time for all the Claim Forms to be processed.  Please be patient.

The Defendants get a release from all claims covered by this Settlement. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Defendants and other persons (“Released Parties”) as to all claims (“Released Claims”) arising out of or relating to the Data Incident. This release is described in the Settlement Agreement, which is available HERE. If you have any questions you can talk to the law firms listed in Question 18 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement, but you will not be bound by any judgment in this case.

No. Unless you exclude yourself, you give up any right to sue Defendants (and any other Released Parties) for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you want to exclude yourself, do not submit a Claim Form to ask for any benefit under the Settlement.

To exclude yourself, send a letter that says you want to be excluded or opt-out from the Settlement in Tracy v. Elekta, Inc. Case No. 1:21- CV-02851 (N.D. GA). The letter must: (a) state your full name, address, and telephone number; (b) contain your personal and original signature or the original signature of a person authorized by law to act on your behalf; and (c) state unequivocally your intent to be excluded from the Settlement. You must mail your exclusion request postmarked by November 26, 2024, to:

Elekta Data Settlement Administrator
Attn: Exclusion Request
P.O. Box 1429
Baton Rouge, LA 70821

You can tell the Court that you do not agree with the Settlement or some part of it by objecting to the Settlement. The Court will consider your views in its decision on whether to approve the Settlement. The Court can only approve or deny the Settlement and cannot change its terms. To object, timely written notice of an objection in the appropriate form must be filed with or submitted to the Clerk of the Court on or before the Objection Deadline: November 26, 2024. The address for the Clerk of Court is U.S. District Court Clerk’s Office, Richard B. Russell Federal Building & United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303-3309.

Your objection must be written and must include all of the following: i) the objector’s full name, address, telephone number, and email address (if any); (ii) information identifying the objector as a Settlement Class Member, including proof that the objector is a member of the Settlement Class (e.g., copy of notice or copy of original notice of the Data Incident); (iii) a written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable; (iv) the identity of all counsel representing the objector; (v) the identity of all counsel representing the objector who will appear at the Final Approval Hearing; (vi) a list of all Persons who will be called to testify at the Final Approval Hearing in support of the objection; (vii) a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and (viii) the objector’s signature and the signature of the objector’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation.

Objecting is telling the Court that you do not like the Settlement and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any payment or benefit from the Settlement. If you exclude yourself, then you have no basis to object because you are no longer a member of the Settlement Class and the case no longer affects you. If you submit both a valid objection and a valid request to be excluded, you will be deemed to have only submitted the request to be excluded.

Yes. The Court appointed Bryan L. Bleichner of Chestnut Cambronne PA, and Terence R. Coates of Markovits, Stock & DeMarco, LLC. Mr. Bleichner may be contacted at 100 Washington Avenue South, Suite 1700, Minneapolis, MN 55401; Email: BBleichner@chestnutcambronne.com. Mr. Coates may be contacted at 119 E. Court Street Suite 530, Cincinnati, OH 45202; Email: msd@msdlegal.com.

If you want to be represented by your own lawyer, then you may hire one at your own expense.

Class Counsel will ask the Court for an award for attorneys’ fees up to one-third of the Qualified Settlement Fund ($2,966,666.66), plus reimbursement of reasonable litigation expenses. Defendants have not agreed to the amount of any award of attorneys’ fees, costs, and expenses. Any payment for attorneys’ fees, costs, and expenses to Class Counsel will be made out of the Qualified Settlement Fund. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to attorneys for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Any award for attorneys’ fees, costs, and expenses for Class Counsel must be approved by the Court. The Court may award less than the amount requested. Class Counsel’s papers in support of final approval of the Settlement will be filed no later than December 6, 2024 and their application for attorneys’ fees, costs, and expenses will be filed no later than November 12, 2024 and will be posted HERE.

The Court will hold a Final Approval Hearing at 2:00 p.m. EST on January 6, 2025, at the U.S. District Court Clerk’s Office, Richard B. Russell Federal Building & United States Courthouse, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303, or by remote or virtual means as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, then the Court will consider the arguments and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for an award of attorneys’ fees, and reasonable costs and expenses. After the hearing the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking HERE or calling 1-844-377-6369.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 16, the Court will consider the objection.

You may ask the Court for permission to speak at the final approval hearing. To do so, you must file an objection according to the instructions in Question 16, including all the information required. Your objection must be filed with and/or submitted to the Clerk of the Court no later than November 26, 2024. See Question 16 for further details on the requirements for submitting an objection to the Settlement.

If you do nothing you will not receive any money from this Settlement. If the Settlement is granted final approval and the judgment becomes final, then you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants and the other Released Parties based on any of the Released Claims related to the Data Incident, ever again.

This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. A copy of the Settlement Agreement is available HERE. You may also call the Settlement Administrator with questions or to receive a Claim Form at 1-844-377-6369.

The Notice is approved by the United States District Court for the Northern District of Georgia. DO NOT CONTACT THE COURT DIRECTLY IF YOU HAVE QUESTIONS ABOUT THE SETTLEMENT. Please contact the Settlement Administrator or Class Counsel if you have any questions about the Settlement.