Frequently Asked Questions

Basic Information

1. Why was Notice issued?

The New Jersey Superior Court - Bergen County Law Division authorized Notice because 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 captioned Wilkins, et al. v. Mulkay Cardiology Consultants at Holy Name Medical Center, P.C. and Mulkay Cardiology Consultants P.C., Case No. BER-L-006203-23. The persons who filed this lawsuit, Earl Wilkins, Jane Doe, Kathleen Ferrara, and Antoinette Scandariato, are called the “Plaintiffs” or “Class Representatives” and the Mulkay Cardiology entities they sued are called the “Defendants.”

2. What is this lawsuit about?

This lawsuit alleges that private and sensitive information may have been impacted due to the unauthorized access to Defendants’ computer systems on or between September 1 and September 5, 2023. The information affected, depending on the individual, included names, Social Security numbers, medical information, and health insurance information.

3. What is a class action?

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “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 a settlement. In this Settlement, the Class Representatives are Earl Wilkins, Jane Doe, Kathleen Ferrara, and Antoinette Scandariato, and everyone included in this Action are the Participating Settlement Class Members.

4. Why is there a Settlement?

The Plaintiffs and Defendants do not agree about the claims made in this Action. The Action has not gone to trial, and the Court did not decide in favor of the Plaintiffs or Defendants. Instead, Plaintiffs and Defendants have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Participating Settlement Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Participating Settlement Class Members. The Settlement does not mean that any law was broken or that Defendants did anything wrong.

Who is in the Settlement?

5. Who is included in the Settlement?

If you received a mailed notice of this Settlement, you have been identified as a member of the Settlement Class and included in the Settlement. More specifically, the Settlement Class includes all 79,852 individuals in the United States who were impacted by the Data Incident, including all who were sent a notice of the Data Incident that occurred on or between September 1, 2023, and September 5, 2023.

6. Are there exceptions to being included?

Yes. Excluded from the Settlement Class are: (i) all persons who are employees, directors, officers, and agents of Mulkay; (ii) any judge assigned to the Action and to evaluate the fairness, reasonableness, and adequacy of this Settlement, and that judge’s immediate family and Court staff; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding, or abetting the occurrence of the Data Incident or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by emailing or writing to Settlement Administrator at:

Mulkay Cardiology Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@MulkayDataBreachSettlement.com

You may also view the Settlement Agreement here.

The Settlement Benefits

7. What does the Settlement provide?

The Settlement provides the following Settlement Class Member Benefits. You are not limited to one benefit. If you are eligible for multiple benefits, as described below, you may file a claim for each of them.

Documented Out-of-Pocket Expenses Incurred as a Result of the Data Incident. Participating Settlement Class Members who submit a Valid Claim using the Claim Form, including providing necessary supporting documentation, are eligible to be reimbursed for any documented ordinary losses that were incurred as a result of the Data Incident (“Out-of-Pocket Expenses”), including but not limited to:

1. Unreimbursed bank fees;
2. Long distance phone charges;
3. Cell phone charges (only if charged by the minute);
4. Data charges (only if charged based on the amount of data used);
5. Postage;
6. Gasoline for local travel;
7. Fees for credit reports, credit monitoring, or other identity theft insurance product purchased between September 1, 2023, and October 25, 2024.

Reimbursement for Attested Lost Time. Participating Settlement Class Members are also eligible to receive reimbursement for up to three (3) hours of lost time spent dealing with the Data Incident (calculated at the rate of $25.00 per hour) by attesting that they spent the claimed time responding to issues raised by the Data Incident (“Lost Time”).

Cap for Out-of-pocket Expenses and Lost Time: The total amount validly claimed by each Participating Settlement Class Member for documented Out-of-Pocket Expenses and reimbursement of Lost Time may not exceed $500.00 per Participating Settlement Class Member.

Compensation for Extraordinary Losses for a Victim of Actual Identity Theft. Participating Settlement Class Members who submit a Valid Claim using the Claim Form, including necessary supporting documentation, are eligible for up to $5,000.00 per Settlement Class Member if:

1. The loss was an actual, documented, and unreimbursed monetary loss;
2. The loss was fairly traceable to the Data Incident;
3. The loss occurred between September 1, 2023, and October 25, 2024;
4. The loss is not already covered by one or more of the normal reimbursement categories above; and
5. Participating Settlement Class Member made reasonable efforts to avoid the loss (this includes trying to get the loss reimbursed, and using any credit monitoring insurance or identity theft insurance that was available) (“Extraordinary Losses”).

Alternative Cash Payment. In the alternative to the Out-of-Pocket Expenses, Lost Time, and Extraordinary Losses, Participating Settlement Class Members who submit a Valid Claim using the Claim Form may elect to receive a one-time payment of $48, without the need to submit any documented losses or attest to time spend as a result of the Data Incident.

Identity Theft Protection and Credit Monitoring. Participating Settlement Class Members may also submit a Claim to accept two years of free credit monitoring services. The credit monitoring shall provide three-bureau monitoring for all Valid Claims and shall include:

1. Real time monitoring of credit file at all three bureaus;
2. Dark web scanning with immediate notification of potential unauthorized use;
3. Comprehensive public record monitoring;
4. Medical identity monitoring;
5. Identity theft insurance (with no deductible); and
6. Access to fraud resolution agents.

Participating Settlement Class Members will need to enroll to receive this benefit. Mulkay will pay for the credit monitoring services separate and apart from other Settlement benefits.

Information Security Improvements. In addition to cash payments and/or credit monitoring, Mulkay has improved its information security practices. Costs associated with these business practice commitments (injunctive relief) will be paid by Defendants separate and apart from other settlement benefits.

8. How much will my payment be?

Payments will vary depending on the Settlement Class Member Benefits selected and, for Out-of-Pocket expenses and Identity Theft losses, the supporting documentation provided.

9. What claims am I releasing if I stay in the Settlement Class?

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review here.

Submitting a Claim Form for Settlement Benefits

10. How do I submit a claim for a Settlement benefit?

Claim Forms may be submitted online or downloaded and printed and mailed to the Settlement Administrator at:

Mulkay Cardiology Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

You may also contact the Settlement Administrator to request a Claim Form by telephone at (866) 675-2206 or by email at info@MulkayDataBreachSettlement.com.

11. What is the deadline for submitting a claim?

If you submit a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than February 22, 2025. If submitting a Claim Form online, you must do so by February 22, 2025.

12. When will the Settlement benefits be issued?

The Court will hold a final approval hearing on April 11, 2025. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.

Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.

The Lawyers Representing You

13. Do I have a lawyer in the case?

Yes, the Court appointed Nickolas J. Hagman of Cafferty Clobes Meriwether & Sprengel LLP, Kevin Laukaitis of Laukaitis Law LLC, Tyler Bean of Siri & Glimstad LLP, and Israel David of Israel David LLC to represent you and other members of the Settlement Class (“Class Counsel”).

14. Should I get my own lawyer?

You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

15. How will Class Counsel and Class Representatives be paid?

Class Counsel will seek Court approval for attorneys’ fees and costs not to exceed $300,000.00. Class Counsel will further seek a Service Award not exceed $1,000.00 for each of the Class Representatives.

Mulkay may oppose any request for attorneys’ fees that exceed $300,000.00 and Service Awards that exceed $1,000.00, but shall pay any attorneys’ fees and costs and Service Awards as ordered by the Court separate and apart from any Settlement Class Member Benefits provided to Participating Settlement Class Members and Settlement Administration Costs.

Excluding Yourself from the Settlement

16. How do I opt out of the Settlement?

If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue Defendants about the legal issues in this case, there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is January 8, 2025.

To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:

• The name of the Action: Wilkins et al. v. Mulkay Cardiology Consultants at Holy Name Medical Center and Mulkay Cardiology Consultants, P.C., Case No. BER-L-006203-23, pending in the New Jersey Superior Court, Bergen County Law Division;
• Your full name;
• Your current address;
• Your telephone number;
• Your personal wet signature; and
• The words “Request for Exclusion” or a clear and similar statement that you do not wish to participate in the Settlement.

Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than January 8, 2025 .

Mulkay Cardiology Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799

If you exclude yourself, 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 exclude yourself. You may only exclude yourself— not any other person.

Commenting on or Objecting to the Settlement

17. How do I tell the Court if I like or do not like the Settlement?

If you are a Participating Settlement Class Member and do not like a portion or all of the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.

For an objection to be considered by the Court, the objection must include:

1. Your full name, address, telephone number, and e-mail address (if any);
2. Information identifying you as a Settlement Class Member, including proof that you are a member of the Settlement Class (e.g., copy of notice, copy of original notice of the Data Incident);
3. A written statement of all grounds for the objection, accompanied by any legal support for the objection you believe is applicable;
4. The identity of any and all counsel representing you in connection with the objection;
5. A statement as to whether you and/or your counsel will appear at the Final Fairness Hearing;
6. Your wet signature and the signature of your duly authorized attorney or other duly authorized representative, if any (along with documentation setting forth such representation); and
7. A list, by case name, court, and docket number, of all other cases in which you and/or your counsel has filed an objection to any proposed class action settlement within the last three years.

To be timely, a written notice of an objection containing the above information must be filed with the Clerk of the Court and contain the case name and docket number, with copies served on Class Counsel and counsel for Mulkay no later than January 8, 2025.

Any Participating Settlement Class Member who fails to strictly comply with the requirements for objecting shall waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement, and shall be bound by all the terms of the Settlement and by all proceedings, orders and judgments in the Litigation.

18. What is the difference between objecting and excluding?

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 exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and 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.

The Court’s Final Approval Hearingn

19. When is the Court’s Final Approval Hearing?

The Court will hold a final approval hearing on April 11, 2025 at the Bergen County Justice Center, 10 Main Street, Hackensack, NJ 07601.

At the final approval hearing, the Court will consider whether to approve the Settlement, how much attorneys’ fees and costs to award to Class Counsel for representing the Settlement Class, and whether to award a Service Award to each of the Class Representatives who brought this Action on behalf of the Settlement Class. The Court will also consider any objections to the Settlement.

If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See FAQ 17 ).

The date and time of this hearing may change without further notice. Please check this website for updates.

20. Do I have to come to the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time.

If I Do Nothing

21. What happens if I do nothing at all?

If you are a Settlement Class Member and you do nothing, you will give up the rights described in FAQ 9 , including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendants and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive a payment or credit monitoring from this Settlement.

Getting More Information

22. How do I get more information?

The Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available in theImportant Documents section of this website.

If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

Mail: Mulkay Cardiology Data Breach
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
info@MulkayDataBreachSettlement.com
(866) 675-2206

Publicly filed documents can also be obtained by visiting the office of the Clerk of Court for the Superior Court of New Jersey - Bergen County Law Division.