CSL Plasma has agreed to pay $9.9 million to settle a class action that alleged it violated state biometrics privacy laws when collecting fingerprint scans from donors.
U.S. District Judge Edmond Chang filed an order June 8 granting preliminary approval of the settlement, the latest development in a series of Biometric Information Privacy Act litigation involving blood and plasma collectors
The CSL Plasma settlement pool will include a group of nearly 75,000 people who provided a fingerprint scan at a CSL donation office from Sept. 5, 2014, through Oct. 16, 2019.
David J. Fish
| fishlawfirm.com
Other plasma collectors BioLife and Octapharma already settled similar lawsuits. Octapharma established a $9.9 million settlement fund for almost 77,000 members, while BioLife had a class of more than 57,000 donors and a settlement of almost $6 million.
Plaintiffs' attorneys have estimated the settlement could pay out between $433-$578 per claimant. How much each class member collects depends on how many of the 75,000 class members submit valid claims. Attorneys said a 15% claim rate would result in $578 per claimant, while a 20% rate would yield about $433. Class members have until Nov. 3 to file their claim. They will be able to file through the mail or online, and can choose to be paid by paper check or electronically
The settlement class is represented by attorney David Fish, of the firm of Fish Potter Bolaños, of Naperville. Also representing plaintiffs have been attorneys from the St. Louis firm of Pfeiffer Wolf Carr & Kane. The class representatives are Jada Marsh and Charles Hilson, who initiated the lawsuit on Sept. 5, 2019, and are in line for $5,000 incentive awards.
The attorneys are asking the court to award up to 35% of the gross settlement fund, as well as litigation expenses, for a total of roughly $3.5 million. Fish Potter Bolaños also served as class counsel for the Octapharma and BioLife lawsuits.
According to a May 24 motion from the plaintiffs supporting approval of the settlement, CSL Plasma didn’t disclose to its donors information about its collection and retention of biometric data, in part because it never developed a formal policy. The company also allegedly failed to obtain informed written consent to use donors’ fingerprints.
CSL Plasma operates donation centers in 42 states, including 18 in Illinois. In the Chicago area, CSL Plasma operates four centers in Chicago, as well as locations in Melrose Park, Hazel Crest, Waukegan, Calumet Park, Joliet and Montgomery.
CSL maintains it never violated BIPA and has argued it isn’t subject to the BIPA law’s regulations.
The plaintiffs’ lawyers said CSL Plasma could have argued Food and Drug Admonistration oversight and federal law pre-empts application of the state-law BIPA to its facilities in this context, or it could have been the first entity to get an appellate court to weigh in on whether plasma donor centers qualify for BIPA exemptions afforded to health care settings.
Judge Chang set a final approval hearing for Dec. 8.
CSL Plasma is represented in the matter by attorney Gerald Maatman, of the firm of Seyfarth Shaw, of Chicago.