Ninth Circuit Data Breach Lawsuit SuperCare Health

Related Practices & Jurisdictions

In the US District Court for the Central District of California last week, SuperCare Health, Inc. was hit with another proposed class action based on a data breach that allegedly compromised the personal and health information of over 300,000 current and former patients. SuperCare Health is a respiratory care provider.

Lead plaintiff, Hamid Shalviri, alleges that SuperCare failed to safeguard patients’ personal and health information, leading to the compromise of patient names, addresses, dates of birth, health insurance, and medical records. Shalviri also alleges that Supercare failed to notify the affected patients for eight months after the breach occurred.

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. The complaint further alleges that the affected patients have suffered anxiety and loss of time and now face a substantial risk of fraud and identity theft due to this data breach.

In addition to Shalviri’s lawsuit, Vickey Angulo sued SuperCare over this data breach in the same court (filed April 13, 2022), and Marina Cardenas and Susie Frazier-Telles filed a similar suit in the US District Court for the District of Nevada (filed April 11, 2022).

Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Copyright © 2022 Robinson & Cole LLP. All rights reserved.National Law Review, Volume XII, Number 118

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