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COOK COUNTY RECORD

Thursday, May 9, 2024

Patients sue Blue Cross Blue Shield over data breach

Lawsuits
Bluecross tower chicago

Diego Delso [CC BY-SA 3.0 (https://creativecommons.org/licenses/by-sa/3.0)], from Wikimedia Commons

Health insurer Blue Cross Blue Shield has been hit with a class action lawsuit over a data breach that allegedly exposed personal information for more than 192,000 people.

BCBS parent company Health Care Service Corporation (HCSC) allegedly failed to adequately protect patients' information from cyber criminals, according to the suit filed in  Cook County Circuit Court.

The private information divulged allegedly included  "names, addresses, phone numbers, email addresses, dates of birth, Social Security numbers, claim numbers, bank account numbers, and medical service information," the suit states.

While the breach occurred no later than June 21, lead plaintiff Elizabeth Slaughter was not contacted by HCSC until Aug. 24, the suit states.

"Plaintiff was unaware of the data breach—or even that defendant had possession of their data until receiving that letter," the lawsuit says. "As a result, Plaintiff was injured in the form of lost time dealing with the consequences of the data breach."

The breached caused Slaughter to suffer anxiety, the lawsuit contends.

"Plaintiff’s anxiety was further exacerbated by her discovery – after she received Defendant’s letter - that her [personal information] had been uploaded to at least one 'dark web' website," the suit states.

It seeks to represent all HCSC customers who were affected by the breach.

HCSC is covered by the federal Health Information Privacy Protection Act, the suit states.

The law requires HCSC to "ensure the confidentiality, integrity, and availability of all electronically protected health information the covered entity or business associate creates, receives, maintains, or transmits," the suit states.

The suit seeks unspecified money damages, plus attorney fees and court costs.

It also seeks an order requiring HCSC to implement a  "information security training program that includes at least annual information security training for all."

The plaintiffs are represented by attorneys Kevin Laukaitis, of Laukaitis Law, of San Juan, Puerto Rico, and Joesph J. Two, of Chicago.

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