On Tuesday, plaintiff Vickey Angulo filed a suit against SuperCare Health in the Central District of California. The plaintiff claims that the defendant had not taken the necessary precautions to protect against a security breach affecting their client’s medical information.
The defendant is an in-home respiratory care company in the western United States that is headquartered in California, according to court filings.
The complaint states that “As a result of the Data Breach, Plaintiff and Class Members have been exposed to a substantial and present risk of fraud and identity theft. Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft.”
Earlier this year, the complaint continues, the defendant had sent out a notice to many of their customers titled “Notice of Data Breach,” in which they detailed unauthorized third party actors who obtained accesses to sensitive customer information.
According to the plaintiff, the information that was obtained included the patient’s names, addresses, dates of birth, health insurance information, as well as social security numbers.
The plaintiff is claiming that this breech was a direct result of the defendant’s “failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect information despite the fact that data breach attacks against medical systems and healthcare providers are at an all-time high.”
Other claims being presented by the plaintiff include that the defendant failed to offer or “provide affected individuals with adequate credit monitoring service or compensation for the damages they have suffered as a result of the breach.
The plaintiff also argues that this information is still available to the public which would make possible for anyone to use such information for nefarious purposes.
The plaintiff is being represented by Milberg Coleman Bryson Phillips Grossman, PLLC.