- A Court authorized this Settlement Website, to provide Notice to those who are eligible to receive Settlement Class Member Benefits from a proposed $5,150,000 class action Settlement. The Action is titled Noni Wahab, et al. v. Boston Children’s Health Physicians, LLP, et al., Case No. 73692/2024 and is pending in the Supreme Court of New York in Westchester County. The persons that filed the class action lawsuit are called Plaintiffs or Class Representatives and the entities they sued are ATSG, Inc. and Boston Children’s Health Physicians, LLP (“BCHP,” and collectively, “Defendants”). Defendants deny any wrongdoing whatsoever.
- Who is a Settlement Class Member?
All individuals who were directly or indirectly notified by BCHP that their Private Information may have been impacted in the Data Incident.
Excluded from the Settlement Class are all persons who are: (a) directors and officers of Defendants; (b) the Judge assigned to the Action, that Judge’s immediate family; (c) Court staff; and (d) any Settlement Class Member who validly and timely requests to be excluded from the Settlement.
- Settlement Class Members under the Settlement Agreement will be eligible to receive one of two Cash Payment options:
❖ Cash Payment A – Documented Losses: Settlement Class Members may submit a Claim for a Cash Payment up to $5,000 per Settlement Class Member that had documented losses related to the Data Incident, upon submission of a Valid Claim and supporting documentation, for the documented losses incurred as a result of the Data Incident;
OR
❖ Cash Payment B – Undocumented Cash Claim: Instead of Cash Payment A – Documented Losses, a Settlement Class Member may elect to receive Cash Payment B – Undocumented Cash Claim, which is a Cash Payment that is currently estimated to be $100. This value may be increased or decreased based on the number of Valid Claims received.
Cash Payment B – Undocumented Cash Claims will be subject to a pro rata increase up to a maximum amount of $350 per Claim in the event the amount of Valid Claims is insufficient to exhaust the entire Settlement Fund. Similarly, in the event the amount of Valid Claims exhausts the Settlement Fund, the amount of the Cash Payment B – Undocumented Cash Claims will be reduced pro rata accordingly. For purposes of calculating the pro rata increase or decrease, the Settlement Administrator will distribute the funds in the following order: (1) Settlement Administration Costs; (2) any Service Awards approved by the Court; (3) attorneys' fees and costs approved by the Court; (4) Medical Data Monitoring: (5) Cash Payment A – Documented Losses; and (6) Cash Payment B – Undocumented Cash Claims. Any pro rata increases or decreases to Cash Payment B – Undocumented Cash Claims will be on an equal percentage basis.
In addition to one Cash Payment option, Settlement Class Members may select the following:
❖ Medical Data Monitoring – Settlement Class Members may elect to receive two (2) years of Cyex Medical Shield Medical Data Monitoring. Medical Data Monitoring will provide the following benefits: medical identity monitoring, real-time alerts, and insurance coverage for up to $1,000,000 for medical identity theft.
- To submit a Claim or obtain more information visit the FAQ page of this Settlement Website or call (833) 890-4816 to request a Claim Form no later than November 25, 2025.
Please read this Settlement Website carefully. Your legal rights will be affected, and you have a choice to make at this time. Your rights and options as a Settlement Class Member – and the deadlines to exercise your rights – are explained on this Settlement Website.
The Court still has to decide whether to approve the Settlement. Settlement Class Member Benefits will be made available only if the Court approves the Settlement and after any possible appeals are resolved.