Viviani v. Watson Clinic LLP

• You may be eligible to receive a payment from a proposed $10,000,000 non-reversionary class action settlement (the “Settlement Fund”).

• The Litigation concerns a data security incident that Watson Clinic discovered in February 2024 (the “Data Incident”) where an unauthorized third-party gained access to certain information—which may have included the name, address, birthdate, Social Security number or similar government identifier, driver’s license number, financial account information, and/or medical information, which may include details such as diagnoses, treatments, pre- and or post-operative medically necessary images, or medical record numbers (“Private Information”) of Watson Clinic’s current and former patients. For certain individuals, the unauthorized third party published digital images on the dark web.

• If you received a notice letter from Watson Clinic about the Data Incident, then you are a Settlement Class Member. 

• Watson Clinic denies any wrongdoing and denies that it has any liability. 

• The Parties have agreed to settle the lawsuit on a classwide basis—and Settlement Class Members (like you) are now entitled to cash payments. 

• You can potentially receive one, two, three, or all four of the following benefits: 

1. Digital Image Cash Payments: Each Settlement Class Member who had one or more digital images published on the dark web as a result of the Data Incident will be sent a cash payment via check, a Digital Image Cash Payment—without the need to file a Claim Form— according to the contents of the digital image, as follows:

   • Full face and exposed sensitive areas (ESA). A cash payment of $75,000 will be sent to each Settlement Class Member who had at least one (1) digital image published containing (i) his or her face (including eyes) and (ii) an Exposed Sensitive Area ("ESA") (the “Full Face and ESA Group”).

   • Partial face and ESA. A cash payment of $40,000 will be sent to each Settlement Class Member who is not in the Full Face and ESA Group and had at least one (1) digital image published containing (i) part of his or her face (below the eyes) and (ii) an ESA (the “Partial Face and ESA Group”).

   • No face and ESA. A cash payment of $10,000 will be sent to each Settlement Class Member who is not in the Full Face and ESA Group or the Partial Face and ESA Group and had at least one (1) digital image published containing (i) none of his or her face and (ii) an ESA (the “No Face and ESA Group”).

   • Full face and partial clothing of sensitive areas. A cash payment of $10,000 will be sent to each Settlement Class Member who is not in the Full Face and ESA Group, the Partial Face and ESA Group, or the No Face and ESA Group and had at least one (1) digital image published containing (i) his or her face (including eyes) and (ii) a sensitive portion of his or her body covered by undergarments (the “Full Face and Partial Clothing Group”).

   • Partial face and partial clothing of sensitive areas. A cash payment of $7,500 will be sent to each Settlement Class Member who is not in the Full Face and ESA Group, the Partial Face and ESA Group, the No Face and ESA Group, or the Full Face and Partial Clothing Group and had at least one (1) digital image published containing (i) part of his or her face (below the eyes) and (ii) a sensitive portion of his or her body covered by undergarments (the “Partial Face and Partial Clothing Group”).

   • No face and partial clothing of sensitive areas. A cash payment of $5,000 will be sent to each Settlement Class Member who is not in the Full Face and ESA Group, the Partial Face and ESA Group, the No Face and ESA Group, the Full Face and Partial Clothing Group, or the Partial Face and Partial Clothing Group and had at least one (1) digital image published containing (i) none of his or her face and (ii) a sensitive portion of his or her body covered by undergarments (the “No Face and Partial Clothing Group”).

   • Non-Sensitive. A cash payment of $100 will be sent to each Settlement Class Member who is not in the Full Face and ESA Group, the Partial Face and ESA Group, the No Face and ESA Group, the Full Face and Partial Clothing Group, the Partial Face and Partial Clothing Group, or the No Face and Partial Clothing Group and had at least one (1) digital image published containing any portion of his or her body, but which was neither an ESA nor sensitive (the “Non-Sensitive Group”).

Any funds from uncashed checks for Digital Image Cash Payments will be redistributed via checks with a uniform, pro rata, percentage increase to those Settlement Class Members who cashed checks for Digital Image Cash Payments.

Each of the above categories are mutually exclusive, and a Settlement Class Member that is eligible for a Digital Image Cash Payment will be eligible for only one such payment, categorized based upon the highest amount applicable to any published digital images concerning that Settlement Class Member.

2. Unreimbursed “Ordinary” Out-of-Pocket Losses: All Settlement Class Members may submit a claim for Ordinary Out-of-Pocket Losses up to $500 per individual. Ordinary Out-of-Pocket Losses are unreimbursed costs, losses, or expenditures incurred by a Settlement Class Member in responding to Notice of the Data Incident that were incurred between January 26, 2024, and the Claims Deadline.
    

3. Unreimbursed “Extraordinary” Losses and Lost Time: In addition to submitting a claim for Ordinary Out-of-Pocket Losses, Settlement Class Members who believe they have suffered identity theft, fraud, or other extraordinary losses may submit a claim for Extraordinary Losses and Attested Time up to $6,500 per individual. Extraordinary Losses are unreimbursed costs, losses, or expenditures incurred by a Settlement Class Member that are fairly traceable to the Data Incident, and are costs, losses, or expenditures that are not reimbursable as Ordinary Out-of-Pocket Losses. Settlement Class Members with valid, documented Extraordinary Losses may also submit a claim for up to 5 hours of time spent remedying issues related to the Data Incident at a rate of $25 per hour by providing an attestation and a brief description of: (1) the actions taken in response to the Data Incident; and (2) the time associated with each action (“Attested Time”).
    

4. Residual Cash Payment: In addition to, or in the alternative to, making claims for Digital Image Cash Payments, Ordinary Out-of-Pocket Losses, and/or Extraordinary Losses and Attested Time, Settlement Class Members may elect to receive a cash payment of up to $50 on a claims-made basis. All Settlement Class Members with an Approved Claim will receive the Residual Cash Payment, if funds are available. The amount of the Residual Cash Payment will be calculated by subtracting from the $10,000,000 Settlement Fund the aggregate amount of Approved Claims for Digital Image Cash Payments, Approved Claims for Ordinary Out-of-Pocket Losses, Approved Claims for Extraordinary Losses and Attested Time, Costs of Claims Administration, service awards awarded by the Court, and attorneys’ fees and litigation expenses awarded by the Court to determine the funds remaining in the Settlement Fund (the “Remainder”) and dividing the Remainder by the number of Settlement Class Members with an Approved Claim, and thus could be less than $50.