Update:
On July 19, 2024, the Court entered a Final Order and Judgment approving the Settlement. The process to enroll in IDX Credit Monitoring Services is now active. Please email info@emergeorthosettlement.com if you need assistance locating your Enrollment Code. If you need assistance with the enrollment process or have questions regarding your credit monitoring benefits, please contact IDX directly. Distribution of payments to timely, valid claims began on October 3, 2024. Please allow up to 14 days for delivery of your paper check.

Settlement Information

A Settlement has been reached in a class action lawsuit against EmergeOrtho, P.A., (“EmergeOrtho” or “Defendant”) concerning an alleged data security incident affecting Defendant which occurred in or around May 2022 (the “Data Incident”). The lawsuit is called Green v. EmergeOrtho, P.A., Case No. 22CVS3533 (the “Action”). The lawsuit alleges that the Data Incident potentially exposed certain Private Information of Plaintiff and the members of the putative class.

Who Is a Class Member?

The Settlement Class includes all individuals identified on the Defendant’s Settlement Class List whose Private Information may have been involved in the Data Incident. It excludes: (1) the Judge presiding over this Action, and members of their direct families; (2) Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest and their current or former officers and directors; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

Your Legal Rights and Options

Option and Deadline

Your Legal Rights

Submit a Claim

Deadline Passed

This is the only way you may receive benefits from this Settlement. The deadline to submit a Claim Form was June 24, 2024. 

Exclude yourself from the settlement

Deadline Passed

You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. The deadline to exclude yourself from the Settlement was May 24, 2024. Refer to FAQ #14 for detailed instructions on how to exclude yourself from the Settlement.

object to the settlement

Deadline Passed

Write to the Settlement Administrator explaining why you do not agree with the Settlement. The deadline to object was May 24, 2024. Refer to FAQ #17 for detailed instructions on how to object to the Settlement.

attend the final Approval hearing

Deadline Passed

The Final Approval Hearing was held remotely on June 11, 2024 at 9:30AM ET with the Honorable Louis A. Bledsoe, III, Chief Business Court Judge. Refer to FAQ #19 for detailed information on the Final Approval Hearing.

do nothing

You will not get any benefits from the Settlement, and you will give up certain legal rights. You will remain in the Settlement Class and be subject to the release.

Dates and Deadlines

Claims Deadline

June 24, 2024

Exclusion Deadline

May 24, 2024

Objection Deadline

May 24, 2024

Final Approval Hearing

June 11, 2024