1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The United States District Court for the Southern District of Florida authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Cavallaro-Kearins v. Modernizing Medicine, Inc., Case No. 9:25-cv-81443-EA. It is pending in the United States District Court for the Southern District of Florida. The person that filed this lawsuit is called the “Plaintiff” (or “Class Representative”) and the company she sued, Modernizing Medicine, Inc., is called the “Defendant.”
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This lawsuit alleges that during the July 2025 targeted cyberattack on two of ModMed's computer servers, certain files that contained Private Information were accessed. These files may have contained personal information such as full names; addresses; dates of birth; phone numbers; email addresses; Social Security numbers; health insurance information; and medical information (such as medical record numbers; patient account numbers; dates of service; provider and practice names; billing/diagnostic codes; prescription/medication information; and diagnosis and treatment information).
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the Settlement. In this proposed Settlement, the Class Representative is Patricia Cavallaro-Kearins. Everyone included in this Action are the Settlement Class Members.
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The Court did not decide whether the Plaintiff or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive benefits from the Settlement. The Plaintiff and her attorneys think the Settlement is best for all Settlement Class Members.
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The Court has defined the Settlement Class this way: “All living individuals residing in the United States who were sent a notice of the Data Incident indicating their Private Information was impacted in the Data Incident.”
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Yes. Excluded from the Class are: (1) all persons who are directors, officers, and agents of Defendant, or their respective subsidiaries and affiliated companies; (2) governmental entities; (3) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; and (4) any member of the Settlement Class that timely and validly opts-out of the Settlement.
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ModMed will establish a Settlement Fund of $2,999,750.00. The Settlement Fund will first be used to pay court-approved attorneys’ fees and costs and the costs of administering the Settlement. The remaining Net Settlement Fund will be used to pay for the Settlement benefits described below.
Medical Data Monitoring. All Settlement Class Members are eligible to enroll in two years of CyEx Medical Shield Complete. This comprehensive service comes with $1 million of medical identity theft insurance with no deductible, and includes real time monitoring with one credit bureau; dark web scanning with immediate notification of potential unauthorized use; security freeze assistance; and identity theft victim assistance. If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payments. In addition to Medical Data Monitoring, all Settlement Class Members may elect Cash Payment A – Documented Losses or Cash Payment B – Alternate Cash.
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses related to the Data Incident, you can get back up to $5,000.00. The losses must have occurred between July 9, 2025, and November 2, 2026.
This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You shall not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring and identity theft protection product offered as part of the notification letter provided by ModMed or otherwise.
If you do not submit reasonable documentation supporting a loss, or if your claim is rejected by the Settlement Administrator for any reason, and you fail to cure your claim, the claim will be rejected and will be treated as if you elected Cash Payment B – Alternate Cash.
OR
Cash Payment B – Alternate Cash. You may claim a one-time estimated $75.00 cash payment. You do not have to provide any proof or explanation to claim this payment. Depending on the total number and total value of Cash Payment claims, your payment may be slightly higher or lower than the amount you claim.
A full explanation of how this works is provided in Paragraph 71 of the Settlement Agreement.
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If you stay in the Settlement Class, you won’t be able to be part of any other lawsuit against ModMed or the Released Parties related to the Released Claims. The “Releases” section of the Settlement Agreement (Section XIII) describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
ModMed Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online here, you must do so by November 2, 2026. If you are downloading a Claim Form here and submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than November 2, 2026.
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The Court will hold a Final Approval Hearing on November 17, 2026 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments and activation codes for Medical Data Monitoring will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorneys Jeff Ostrow of Kopelowitz Ostrow P.A., Mariya Weekes of Milberg PLLC, and Raina Borrelli of Strauss Borrelli PLLC, to represent you and other Settlement Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve up to one-third of the Settlement Fund as reasonable attorneys' fees, plus reimbursement of litigation costs.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called an Opt-Out Request.
If you opt out, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you opt out. However, you will keep any rights you may have to sue ModMed on your own about the legal issues in this case.
The deadline to exclude yourself from the Settlement is October 19, 2026.
To be valid, your Opt-Out Request must have the following information:
the name of the Litigation: Cavallaro-Kearins v. Modernizing Medicine, Inc., Case No. 9:25-cv-81443-EA, pending in the United States District Court for the Southern District of Florida;
your full name, mailing address, telephone number, and email address (if any);
personal signature; and
the words “Opt-Out Request” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Opt-Out Request to the Settlement Administrator at:
ModMed Data Incident Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Opt-Out Request must be postmarked or emailed by October 19, 2026.
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If you are a Settlement Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have opted out from the Settlement (see FAQ 15).
You must provide the following information for the Court to consider your objection:
the objector’s full name, mailing address, telephone number, and email address (if any);
all grounds for the objection, accompanied by any legal support for the objection known to the objector or objector’s counsel;
the number of times the objector has objected to a class action settlement within the 5 years preceding the date that the objector files the objection, the caption of each case in which the objector has made such objection, and a copy of any orders related to or ruling upon the objector’s prior objections that were issued by the trial and appellate courts in each listed case;
the identity of all counsel (if any) who represent the objector, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees and Costs, and whether they will appear at the Final Approval Hearing;
the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the five years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have objected to a class action settlement within the preceding five years;
a list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
a statement confirming whether the objector and or the objector’s counsel utilized any form of artificial intelligence in the preparation of the objection;
a statement confirming whether the objector intends to personally appear and/or testify at the Final Approval Hearing; and
the objector’s signature (an attorney’s signature is not sufficient).
For your objection to be valid, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by October 19, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel.
Clerk of the Court | Settlement Administrator | Counsel for Defendants |
Clerk of the Court | ModMed Data Incident Settlement | Kristine McAlister Brown |
Class Counsel | ||
Jeff Ostrow | Mariya Weekes | Raina C. Borrelli |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not opt out from the Settlement. Opting out from the Settlement is stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.
If you opt out of the Settlement and also object to the Settlement, regardless of which was submitted first, you will be deemed to have opted out and your objection will be overruled.
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The Court will hold a Final Approval Hearing on November 17, 2026, at 2:30 p.m. Eastern Time, in the United States District Court for the Southern District of Florida, at Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, West Palm Beach, FL 33401.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide Class Counsel’s request for an attorneys’ fees and costs. The Court will also consider any objections to the Settlement.
If you are a Settlement Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in FAQ 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement, and other related documents, are available on the Important Documents page.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, United States District Court for the Southern District of Florida, at Paul G. Rogers Federal Building and U.S. Courthouse, 701 Clematis Street, Room 202, West Palm Beach, FL 33401.
Do not contact the Court or Clerk of Court regarding this Settlement.
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