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

Making Multi-Site Lighting Upgrades Work

Success requires a program structure that connects audits, financial analysis, rebate administration, procurement, scheduling and closeout documentation.


Designing a Positive Care Destination for Children

The new Mary Bridge Children’s Hospital reimagines the healthcare experience to create an environment that feels welcoming from arrival to discharge.


Blackbird Health Opens 10th Clinic in Pennsylvania

The Bala Cynwyd clinic represents Blackbird Health's 13th location overall.


Healthcare Construction Infection Control: Essential CDC Guidelines for Active Facilities

Construction and renovations happen, but that doesn’t mean infection prevention can take a backseat. The CDC has some recommendations for maintaining best practices during construction.


Protecting the Most Vulnerable: Inside the NICU

SSM Health St. Mary’s Hospital leaders share how maintaining power, air quality and essential systems helps protect patients during their most vulnerable moments.


 
 


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.