Cardiovascular Associates Sued Over Recent Data Breach

The Alabama-based organization allegedly failed to meet its obligations under the FTC and HIPAA.

By HFT Staff


Cardiovascular Associates in Alabama is facing a class action lawsuit over a recently reported hacking incident in which patients protected health information (PHI) was stolen. The security incident was detected on December 5, 2022, and the forensic investigation determined hackers had access to its network for a week and exfiltrated files containing the PHI of 441,640 individuals, including names, addresses, birth dates, Social Security numbers, driver’s license numbers and health, insurance and billing/claims information. 

The lawsuit was filed on March 15, 2023, by the law firm Milberg Coleman Bryson Phillips Grossman PLLC on behalf of plaintiff, Samuel Lee. The lawsuit alleges Cardiovascular Associates “intentionally, willfully, recklessly or negligently” failed to implement reasonable and appropriate safeguards to ensure the confidentiality, integrity and availability of patient information, failed to meet its obligations under the Federal Trade Commission (FTC) Act and HIPAA and did not implement cybersecurity measures to industry standards, such as those detailed in the NIST Cybersecurity Framework. 

The lawsuit claims the plaintiff and other similarly situated individuals have suffered injury as a result of the conduct of Cardiovascular Associates, including invasion of privacy, lost or diminished value of private information, and lost opportunity costs from attempting to mitigate the consequences of the data breach. The plaintiff and class members now face an increased risk of identity theft and fraud as their private information is now in the hand of cybercriminals. As such, they will have to spend time and money protecting their identities, including paying for credit monitoring and identity theft protection services for years to come. 

The lawsuit states 10 causes of action: negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, wantonness, intrusion upon seclusion/invasion of privacy, declaratory judgement and violation of the Alabama Deceptive Practices Act. 

The lawsuit seeks class action status, a jury trial, attorneys’ fees, and an award of damages, including actual, statutory, nominal and consequential damages. The lawsuit also seeks injunctive relief and provides a 17-point list of measures that should be implemented. These include encryption of data, deletion of identifying information unless there is a reasonable justification for retention, the implementation of a comprehensive information security program, independent penetration tests and security audits, third-party automated security monitoring, regular database scanning, annual information security training for employees, and the appointment of a qualified and independent third-party assessor to conduct a SOC 2 Type 2 attestation annually for a period of 10 years. 



March 30, 2023


Topic Area: Information Technology , Safety , Security


Recent Posts

5 Reasons Engineering is the Edge in Healthcare Master Planning

The most successful plans go further to unlock smarter investments, improve resilience and enable better patient outcomes.


Building an AI-Ready Healthcare Facility 

Creating a secure, standardized data foundation can help facilities teams put AI to work more effectively.


Family Medical Associates of Raleigh Reports April 2026 Data Breach

The investigation has found evidence that between April 18, 2026, and April 20, 2026, an unauthorized actor intermittently accessed some FMAR systems.


Every Detail Matters: A Patient's Story of Healing, Hope and Healthcare Facilities

In the Facilities in Focus season finale, 11-year-old Kendalynn and her mother share how Intermountain Primary Children’s Hospital became more than a place for care.


Geisinger Wyoming Valley Medical Center Tops Off New 11-Story Tower

The expansion will improve the patient experience by transitioning the hospital to all private patient rooms while significantly increasing clinical capacity.


 
 


FREE Newsletter Signup Form

News & Updates | Webcast Alerts
Building Technologies | & More!

 
 
 


All fields are required. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

 
 
 
 

Healthcare Facilities Today membership includes free email newsletters from our facility-industry brands.

Facebook   Twitter   LinkedIn   Posts

Copyright © 2023 TradePress. All rights reserved.