Delkener v. Cottage Health System, et al.
Cottage Health Settlement Administrator
Case No. 30-2016-00847934-CU-NP-CXC

Welcome to the Cottage Health Settlement Website

You may be entitled to receive compensation under a Proposed Class Action Settlement.

Para una notificación en Español, hacer clic aquí.

What is this lawsuit about?

The Class Representative contends that Cottage Health System, Santa Barbara Cottage Hospital, Goleta Valley Cottage Hospital, Santa Ynez Valley Cottage Hospital, InSync Computer Solutions, Inc., CIO Solutions, Inc. and CIO Solutions, LP violated the Confidentiality of Medical Information Act, California Civil Code §§56, et seq. (“CMIA”), by placing the Settlement Class Members’ confidential medical information on a computer server that was accessible without log-in credentials, passwords, or encryption, at times between October 26, 2015 and November 8, 2015 without login credentials, passwords or encryption and allegedly releasing that confidential medical information.   
 
Based on these allegations, the Class Representative asserts that the Settlement Class Members are entitled to statutory damages for the release and disclosure of their confidential medical information pursuant to California Civil Code §56.36(b)(1), general and/or specific damages, and reasonable attorneys’ fees and litigation expenses.  
 
Defendants deny all allegations of wrongdoing and of liability, and deny that Plaintiff and the Settlement Class are entitled to any recovery, including statutory damages.  There has been no finding of any violation or wrongdoing by Defendants by any court.  The Court has not yet determined whether this action may proceed, either as a class action or on an individual basis.

Who is included?

All patients of a Cottage Health hospital (Santa Barbara Cottage Hospital, Santa Ynez Valley Cottage Hospital, or Goleta Valley Cottage Hospital) whose confidential information and/or records were placed on the SQL Server maintained by Cottage Health and were accessible between October 26, 2015 and November 8, 2015 without login credentials, passwords or encryption, are included in the Settlement Class.

How do I participate in the Settlement?

Class Members did not need to do anything to participate in the Settlement and receive their Settlement payment.  If a Class Member did not opt out, they were automatically mailed their Settlement payment by U.S. Mail. The Class Notice provides specific instructions for each Class Member to follow if they did not want to participate in the Settlement. Please review the Class Notice carefully.

Your Legal Rights and Options

If you are a member of the Settlement Class, your options are to:
Do Nothing and Receive a Settlement Payment If you did nothing, you were mailed your share of the Settlement fund, but you have given up any rights you may have to separately sue Defendants and the Released Parties for any legal claims released by this Settlement. Please see FAQ 8, FAQ 9, FAQ 22, and FAQ 23 for further information. 
Exclude Yourself
(EXPIRED)
You will not receive any payment from the Settlement, but you have preserved any existing rights you may have to bring your own lawsuit against Defendants based on the same alleged exposure of medical information privacy. Please see FAQ 12-14 for further information.
Object
(EXPIRED)
You may have written the Court to say why you do not agree with any aspect of the proposed Settlement. If you submitted a written objection, you also may have requested to speak at the fairness hearing to present your disagreement to the Court. Please see FAQ 17-21 for further information.

 

If you are a member of the Settlement Class, your legal rights are affected whether you act or don't act. These rights and options - and the deadlines to exercise them - are explained further in the Class Notice.  

 

For More Information

Visit this website often to get the most up-to-date information.

Cottage Health Settlement Administrator 
c/o JND Legal Administration  
P.O. Box 6878 
Broomfield, CO  80021