Frequently Asked Questions

The Court authorized a Notice of a proposed settlement of a class action, Jane Doe v. University Hospitals Health System, Inc., Case No. CV-20-933357, pending in the Cuyahoga County, Ohio Court of Common Pleas. The Litigation alleges that the Defendant caused the unauthorized transmissions of personally identifiable, non-public medical information and communications to third parties, including Facebook, Google, Microsoft (Bing), Invoca.net, Liveperson.net, LPSNMedia.net., and Typekit.net, through the use of tracking technologies on its websites. The Court has granted preliminary approval of the Settlement Agreement and has conditionally certified the Settlement Class (defined below in FAQ #6) for purposes of settlement only. This website explains the nature of the class action lawsuit, the terms of the Settlement Agreement, and the legal rights and obligations of Settlement Class Members. Please read the instructions and explanations below carefully so that you can better understand your legal rights.

You may have received a Notice because you were identified as a natural Person residing in the United States who is or was a patient of defendant University Hospitals and logged into the UH patient portal or scheduled an appointment through UH’s websites between January 1, 2016, and December 31, 2022.

This Litigation alleges that the Defendant caused the unauthorized transmissions of personally identifiable, non-public medical information and communications to third parties, including Facebook, Google, Microsoft (Bing), Invoca.net, Liveperson.net, LPSNMedia.net., and Typekit.net, through the use of tracking technologies on its websites.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. All of these people together are a “Settlement Class” or “Settlement Class Members.” When a class action is settled, the settlement, which must be approved by the Court, resolves the issues for all Settlement Class Members, except for those who exclude themselves from the settlement.

To resolve this matter without the expense, delay, and uncertainties of protracted litigation, the Parties reached a settlement that resolves all claims brought on behalf of the Settlement Class. If finally approved by the Court, the Settlement Agreement requires University Hospitals to provide cash compensation to Settlement Class Members who submit valid and timely Claim Forms. The settlement also requires University Hospitals to remove and refrain from using certain tracking technologies on its websites for a period of not less than two years. The settlement is not an admission of wrongdoing by University Hospitals and does not imply that there has been, or would be, any finding that University Hospitals violated the law.
 

The Court overseeing this Litigation must give final approval to the Settlement Agreement before it can become effective. The Court has conditionally certified the Settlement Class for settlement purposes only, so that Settlement Class Members may be given notice and the opportunity to exclude themselves from the Settlement Class or to voice their support for or opposition to final approval of the Settlement Agreement. If the Court does not finally approve the Settlement Agreement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and the Litigation will proceed as if there had been no settlement and no certification of the Settlement Class.

You are a Settlement Class Member if you are a natural Person residing in the United States who is, or was, a patient of defendant University Hospitals and logged into the UH patient portal or scheduled an appointment through a website operated by UH, including www.uhhospitals.org, between January 1, 2016, and December 31, 2022. The Settlement Class is believed to consist of those who accessed the FollowMyHealth patient portal online and those who used UH’s websites to schedule an appointment online. Excluded from the Settlement Class are: (1) all Persons who timely and validly request exclusion from the Settlement Class; and (2) the Judge assigned to evaluate the fairness of this settlement.

UH has agreed to pay an initial $3,000,000 into a Settlement Fund that will be used to pay for: cash payments to Settlement Class Members, Attorneys’ Fees and Expenses, a Service Award to the Class Representative, and Claims Administration Costs. The Net Settlement Fund is what remains of the $3,000,000 Settlement Fund following the payment of the Notice and Claims Administration Costs, the Class Representative Service Award, and Attorneys’ Fees and Expenses.
 

Settlement Class Members who file a valid Claim Form may receive compensation from the Net Settlement Fund in the amount of $35, subject to pro rata adjustments, if they attest that they logged into their patient portal account, or scheduled an appointment through the UH website between January 1, 2016, and December 31, 2022. In the event the initial $3,000,000 is insufficient to cover the claims of Settlement Class Members, UH has agreed to pay up to an additional $2,000,000 to cover the payment of additional claims. 
 

Further, UH has agreed that for a period of not less than two years, it will remove and refrain from using certain tracking technologies on its websites.
 

***To receive settlement benefits, you must submit a Claim Form.

If you timely submit a valid Claim Form for monetary recovery, you will receive payment in the amount approved by the Settlement Administrator after the Settlement Administrator processes your Claim Form. You will receive such payment after the settlement is Final and has become effective.

To submit a claim for cash compensation, you must timely submit a Claim Form on this website, or by mail to:

Doe v. University Hospitals Health System
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391.
 

You must submit any claims by the Claims Deadline of March 17, 2025. There can be only one (1) valid and timely Settlement Claim per Settlement Class Member. 
 

By staying in the Settlement Class, all the Court’s orders will apply to you and will bind you. You also give Defendant a “release,” which means you cannot sue or be part of any other lawsuit or other legal action against Defendant about or arising from the claims or issues in this Litigation with respect to the alleged sharing of your personal or health information.
 

The precise terms of the release are in the Settlement Agreement, which is available in the Documents section of this website. Unless you formally exclude yourself from this settlement, you will release your claims. If you have any questions, you can talk for free to the attorneys who have been appointed by the Court to represent the Settlement Class (contact information in FAQ #16 below) or you are welcome to talk to any other lawyer of your choosing at your own expense.

Class Counsel shall request the Court to approve a Service Award for Class Representative of $15,000 for their services to the Settlement Class as Class Representative. This payment is subject to the Court’s approval and will be paid from the Settlement Fund.

To exclude yourself from the settlement, you must send an opt-out request by mail stating that you want to be excluded from Jane Doe v. University Hospitals Health System, Inc., Case No. CV-20-933357, to the Settlement Administrator. Such opt-out request shall include: (1) your full name and address; (2) the case name and docket number; (3) a written statement that you wish to be excluded from the settlement; and (4) your signature. You must mail your opt-out request, postmarked no later than February 15, 2025, to:
 

Doe v University Hospitals Heath System
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

No, if you submit an opt-out request, you will not receive anything resulting from the settlement, but you may sue Defendant over the claims raised in this case, either on your own or as a part of a different lawsuit. If you exclude yourself, the time you have to file your own lawsuit (called the “statute of limitations”) will begin to run again. You will have the same amount of time to file the suit that you had when this case was filed. If you file an Objection (see FAQ #16), you may still receive benefits if you timely file a claim.

The Court has appointed Stuart E. Scott and Kevin S. Hulick of Spangenberg, Shibley & Liber, and Jason ‘Jay’ Barnes and Eric Johnson of Simmons Hanly Conroy LLC to represent the Settlement Class as Class Counsel. These attorneys will be paid from the Settlement Fund. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will request Attorneys’ Fees and Expenses not to exceed thirty-five (35%) of the total value of the monetary and equitable relief and for reasonable costs and expenses incurred in prosecuting the Litigation, subject to Court approval. The motion for Attorneys’ Fees and Expenses will be posted on the Settlement Website after it is filed.

You can tell the Court that you do not agree with the settlement or some part of it. If you are a Settlement Class Member, you can Object to the settlement and the Court will consider your views. To Object to the settlement, you must submit a written Objection (such as a letter or legal brief) stating that you Object and the reasons why you think the Court should not approve the settlement. Your Objection should include: 
 

1. Settlement Class Member’s full name, current address, telephone number, and email address;
2. contain the Settlement Class Member’s original signature;
3. contain proof that the Settlement Class Member is a member of the Settlement Class (e.g., copy of settlement notice);
4. state that the Settlement Class Member objects to the Settlement, in whole or in part;
5. a statement of the legal and factual basis for the Objection;
6. provide copies of any documents that the Settlement Class Member wishes to submit in support of his/her position;
7. identify all counsel representing the Settlement Class Member, if any;
8. contain the signature of the Settlement Class Member’s duly authorized attorney or other duly authorized representative, along with documentation setting forth such representation; and
9. contain a list, including case name, court, and docket number, of all other cases in which the objector and/or the objector’s counsel has filed an objection to any proposed class action settlement in the past three (3) years.
    

Any Settlement Class Member who fails to timely file and serve an Objection and notice, if applicable, shall not be treated as having filed a valid Objection to the settlement and may not submit another objection to the settlement.
 

If you file an Objection, you may still receive benefits so long as you timely file a claim. To be timely, written notice of an Objection in the appropriate form must be filed with the Court no later than, February 15, 2025, and served on Class Counsel and Defendant’s Counsel, as noted below:
 

The Court has already preliminarily approved the Settlement Agreement. The Court will hold the Final Approval Hearing on March 20, 2025, at 2:00 P.M. ET in the courtroom of the Honorable William F.B. Vodrey, Courtroom 18, which is located in the Court of Common Pleas of Cuyahoga County, Ohio. The purpose of the hearing will be for the Court to determine whether the proposed settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class, and to determine the appropriate amount of compensation for Class Counsel and the Class Representative. At that hearing, the Court may hear any objections and arguments concerning the fairness of the proposed settlement. The Court will then decide whether to approve the settlement. 
 

YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice.

Complete details about the settlement can be found in the Settlement Agreement on the Documents page of this website.

If you have any questions or need to change your address, you can contact the Settlement Administrator via the Contact Us Form on this website, or by mail at Doe v. University Hospitals Health System, c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391.