Frequently Asked Questions

A Court authorized this Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. This Notice explains the lawsuit, the Settlement, your legal rights, what Settlement Class Member Benefits are available, who is eligible for the Settlement Class Member Benefits, and how to get them.

The Honorable Michele Singer Towbin of the 17th Judicial Circuit in and for Broward County, Florida, is overseeing this class action. The lawsuit is known as Jillian Herman, et al. v. MD Now Medical Centers, Inc., Case No. CACE 25005305 (“Action”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, MD Now Medical Centers, Inc., is called the “Defendant.”

The Plaintiffs filed this lawsuit against Defendant on behalf of members of the Settlement Class following a Data Incident discovered by Defendant on or about May 20, 2024, regarding unauthorized access to Defendant’s computer network resulting in the acquisition Private Information of members of the Settlement Class. The Private Information involved was some combination of Settlement Class members’ names, dates of birth, addresses, phone numbers, diagnosis information, treatment clinic names, patient discharge information, and prescription information of members of the Settlement Class.

Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the lawsuit. 

Plaintiffs and Defendant do not agree about the legal claims made in this lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the lawsuit. The Class Representatives, Defendant, and their lawyers believe the Settlement is best for members of the Settlement Class because of the Settlement Class Member Benefits available and the risks and uncertainty associated with continuing the lawsuit.

In a class action, one or more people (called class representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely exclude themselves (opt-out) from the class.

The Settlement Class includes all living individuals residing in the United States who received notice of the Data Incident indicating their Private Information may have been impacted in the Data Incident.

Yes. Excluded from the Settlement Class are: (a) all persons who are employees, directors, officers, and agents of Defendant, or its respective subsidiaries and affiliated companies; (b) governmental entities; and (c) the Judge(s) assigned to the lawsuit and their immediate family, and Court staff

If you are still not sure whether you are a Settlement Class member, you may go to Contact Us or call toll-free (833) 421-4713.

If you are a Settlement Class Member, you can submit a Claim Form for a Cash Payment for Documented Losses as detailed here.
 

Cash Payment for Documented Losses

You may submit a Claim Form supported by reasonable documentation for losses related to the Data Incident for up to $5,000 per Settlement Class Member. 

Examples of losses that may qualify include (without limitation) unreimbursed losses relating to fraud or identity theft; professional fees including lawyers’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges; if (i) the loss is an actual, documented, and unreimbursed monetary loss; (ii) the loss was more likely than not caused by the Data Incident; and (iii) the loss was incurred after the date of the Data Incident.

Examples of reasonable documentation include (but are not limited to): receipts, bills or invoices, bank statements, or correspondence including emails. Personal certifications, declarations, or affidavits from the Settlement Class Member are not reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation. You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with any credit monitoring and identity theft protection product.

If you do not submit reasonable documentation supporting a loss, or if your Claim Form is invalid as determined by the Settlement Administrator, and you do not cure your Claim Form, your Claim Form will be denied.
 
Security Enhancements:  As a material part of the Settlement, Defendant, along with its affiliated entities, HCA Florida Healthcare, and HCA Healthcare, have agreed to adopt and/or maintain a series of enhanced cybersecurity measures for a period of at least two years from the Effective Date.

A summary of the enhancements include: a) having at least one employee who is specifically responsible for overseeing the migration of Covered IT Operations to enterprise systems and applications, b) adopting, implementing, and/or maintaining appropriate access and authentication policies and procedures, including Single-Sign-On and multi-factor authentication, and c) adopting, implementing, and/or maintaining appropriate safeguards designed to ensure that Covered IT Operations are being managed in compliance with enterprise information security policies, standards and procedures governing password management and multi-factor authentication.

Unless you exclude yourself (opt-out), you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments 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 Released Parties about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

Section XI of the Settlement Agreement describes the Releases, Released Claims, and Released Parties, in necessary legal terminology, so please read these sections carefully. The Settlement Agreement is available here. For questions regarding the Releases, Released Claims, or Released Parties and what the language in the Settlement Agreement means, you can also contact Class Counsel listed below for free, or you can talk to your own lawyer at your own expense.

You must submit a timely and valid Claim Form to receive a cash payment for documented losses. Your Claim Form must be submitted online at here by October 03, 2025, or mailed to the Settlement Administrator at the address on the Claim Form, postmarked by October 03, 2025. Claim Forms are also available at here or by calling (833) 421-4713 or by writing to: 

Herman v. MD Now Medical Center
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to:

Herman v. MD Now Medical Center
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

If you file a timely and valid Claim Form for documented losses, and the claim is approved by the Settlement Administrator, cash payments will be provided after the Settlement is approved by the Court and becomes final. 
It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

To exclude yourself from the Settlement, you must mail a written request for exclusion, which includes the following:

1. Your name, address, telephone number, and email address (if any); 
2. Your personal physical signature; and
3. A statement that you want to be excluded from the Settlement Class, such as “I hereby request to be excluded from the Settlement Class in the MD Now Data Breach Litigation.”

The exclusion request must be mailed to the Settlement Administrator at the following address, and be postmarked by August 19, 2025:

Herman v. MD Now Medical Center
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

    You cannot opt-out (exclude yourself) by telephone or by email. 

No. If you opt-out, you will not be able to receive a cash payment for documented losses, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get a cash payment if you stay in the Settlement and submit a timely and valid Claim Form.

No. Unless you opt-out, you give up any right to sue any of the Released Parties for the legal claims this Settlement resolves, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must opt-out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Awards. 

To object, you must file your written objection with the Court as provided below by August 19, 2025, and send by U.S. mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Federal Express) by August 19, 2025, stating you object to the Settlement in Jillian Herman, et al. v. MD Now Medical Centers, Inc., Case No. CACE 25005305. 

To file an objection, you cannot exclude yourself from the Settlement Class. Your objection must include all of the following information: 

1. Your full name, mailing address, telephone number, and email address (if any); 
2. All grounds for the objection, accompanied by any legal support for the objection known to you as the objector or your own lawyer;
3. The number of times you have objected to a class action settlement within the five (5) years preceding the date that you file the objection, the caption of each case in which you have made such objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case; 
4. The identity of all lawyers representing you in connection with the objection (if any), including any former or current lawyers 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 Awards and whether they will appear at the Final Approval Hearing; 
5. The number of times your lawyer or your lawyer’s law firm have objected to a class action settlement within the five (5) years preceding the date of the filed objection, the caption of each case in which your lawyer or the firm has made such objection and a copy of any orders related to or ruling upon your lawyer’s or the lawyer’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case; 
6. A list of all persons who will be called to testify at the Final Approval Hearing in support of your objection (if any); 
7. A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and 
8. Your signature as the objector (a lawyer’s signature is not sufficient). 

Class Counsel and/or Defendant’s Counsel may conduct limited discovery on any objector or objector’s lawyer.

To object, you must file your timely written objection with the Court as provided below no later than August 19, 2025, and send it by U.S. mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator postmarked by or shipped by private courier (such as Federal Express) by August 19, 2025, at the following addresses:

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Settlement Class. Opting-out is telling the Court that you do not want to be part of the Settlement Class. If you opt-out, you cannot object because you are no longer part of the Settlement.

Yes. The Court has appointed Jeff Ostrow of Kopelowitz Ostrow P.A., Mariya Weekes of Milberg Coleman Bryson Phillips Grossman PLLC, Andrew Shamis of Shamis & Gentile, P.A., and Manuel Hiraldo of Hiraldo P.A as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees and costs up to $500,000. Class Counsel will also ask the Court to approve Service Awards for the Class Representatives of up to $1,500 each for their efforts. If awarded by the Court, the attorneys’ fees and costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts. 

The Court will hold a Final Approval Hearing on September 18, 2025, at 08:30 a.m. ET before the Honorable Michele Towbin Singer at the Seventeenth Judicial Circuit Court, 201 SE 6th Street, Fort Lauderdale, FL 33301. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Awards. 

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court at its discretion may hear objections at the hearing, if you so request.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this Settlement Website to confirm the date and time of the Final Approval Hearing have not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you file an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file your written objection by the deadline, the Court will consider it.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you would like to speak at the hearing, the Court, at its discretion, may hear objections at the hearing, if you so request.

This Notice summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information on this website, by calling toll-free (833) 421-4713, or by writing to:

Herman v. MD Now Medical Center
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THIS NOTICE.