Eisenhower Health patients may be eligible to cash compensation after a settlement was reached in a class-action lawsuit against the Rancho Mirage health care provider.
A class-action lawsuit against Eisenhower Health was filed in 2023 relating to alleged disclosure of patients’ personal information without their consent. Plaintiffs B.K. and N.Z. alleged that Eisenhower allowed unauthorized third parties, including Meta Platforms, to intercept users’ clicks, communications on, and visits to Eisenhower’s website and its MyChart patient portal. The Rancho Mirage health organization denies the claims and allegations in the lawsuit, according to the settlement.
The complaint B.K. and N.Z. vs. Eisenhower Medical Center was filed in United States District Court Central District of California in October 2023. On Nov. 1, 2024, the parties filed a joint notice of settlement, and a motion for preliminary approval of the class-action settlement was filed on June 4. The final approval hearing will be held at 9 a.m. Monday, Oct. 20, in Courtroom 1 of the United States District Court for the Central District of California, Eastern Division, located at 3470 12th St. in Riverside.
The agreement states there is a settlement fund of $875,000 to pay for any cash compensation to settlement class members, among other expenses, such as taxes and court-approved attorneys’ fees and costs.
Eisenhower Health accused of ‘disregarding’ patient privacy
Plaintiffs B.K. and N.Z. alleged that Eisenhower Health disregarded the privacy rights of millions of visitors to and users of its websites “by intentionally, willfully, recklessly and/or negligently failing to implement adequate and reasonable measures to ensure that the Users’ personally identifiable information and protected health information was safeguarded.”
The 2023 complaint alleges that Eisenhower, without users’ authorization or informed consent, installed Facebook’s Meta Pixel and other third-party tracking technology on its websites and patient portal system in order to intercept and send private information to third parties, such as Facebook and/or Google. Meta Pixel is a piece of code on a website that can help businesses and companies better understand the effectiveness of their ads and the actions people take on their website, like visiting a page or adding an item to their cart, according to Meta.
The complaint claims that Pixels collect users’ confidential and private health information, such as details about their medical conditions, treatments, providers and appointments, and send it to Facebook without prior, informed consent.
The plaintiffs allege that Eisenhower encouraged them and other class members to use various digital tools through its websites “in order to gain additional insights into its Users, improve its return on marketing dollars and, ultimately, increase its revenue. In exchange for installing the Pixels, Facebook provides (Eisenhower) with analytics about the advertisements it has placed as well as tools to target people who have visited its Web Properties.”
Eisenhower Health spokesperson Lee Rice said in an email that because the case is an ongoing legal matter, Eisenhower does not have additional comments beyond what is publicly available in the settlement notice. Attorneys for the plaintiffs did not respond to The Desert Sun’s request for comment.
The complaint alleged 14 causes of action against Eisenhower, including violations of the California Confidentiality of Medical Information Act, Electronic Communications Privacy Act and the California Invasion of Privacy Act, invasion of privacy under the California constitution, breach of implied contract, negligence and others. Over the next several months, Eisenhower and the plaintiffs went back and forth on amending and repleading a number of the claims before they filed a joint notice of settlement on Nov. 1, 2024. Both sides agreed to settle the lawsuit to avoid the cost, delay and uncertainty of litigation, according to a website for the settlement.
The settlement agreement filed June 4 outlined the necessary next steps that Eisenhower needed to take in order to notify class-action members of the settlement case. Members either received an email or postcard notice.
Who is eligible to file a claim
People who logged into Eisenhower’s MyChart patient portal, submitted an online form and/or scheduled a laboratory appointment on www.eisenhowerhealth.org between Jan. 1, 2019, and May 3, 2023, are eligible to file a claim as a settlement class member.
All settlement class members who submit a valid claim form will receive a pro rata share of the cash compensation, which is subject to proration. The settlement fund is $875,000, minus plaintiffs’ attorneys’ fees, costs and expenses, service awards to the class representatives and administration costs.
Participating members will receive payments via electronic methods or physical check.
How to file a claim and by when
The website www.emcwebsettlement.com has been established for class-action members to submit their claims.
Members have a number of options available to them regarding this settlement:
Those who choose to file a claim will need their claim ID to proceed. If you received an email notice, your ID is located at the very top. If you received a postcard notice, your ID is located on the front of the postcard above your name. If you cannot locate your claim ID, email info@emcwebsettlement.com.
Claims by mail can be sent to the Eisenhower Medical Center Settlement Administrator at P.O. Box 3274, Baton Rouge, Louisiana, 70821.
When payments are expected to be issued
Payments will be issued after the court grants final approval of the settlement, which is tentatively scheduled for Oct. 20, and after the time for appeals has ended and any appeals have been resolved.
For more information, visit www.emcwebsettlement.com
Ema Sasic covers entertainment and health in the Coachella Valley. Reach her at ema.sasic@desertsun.com or on Twitter @ema_sasic.
This article originally appeared on Palm Springs Desert Sun: Eisenhower Health patients may be eligible for class-action settlement payment: What to know
Reporting by Ema Sasic, Palm Springs Desert Sun / Palm Springs Desert Sun
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