‘Egregious’ Data Breach Failings Lead to ReproSource Fertility Co. Class Action

Fertility & Class Action Lawsuit
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ReproSource Fertility Data Breach Class Action Lawsuit Overview

  • Why: The complaint takes issue with ReproSource’s failure to protect patients’ information in a recent data breach. 
  • Who: A Rhode Island patient is suing Massachusetts-based ReproSource Fertility Diagnostics Inc.
  • Where: The class action lawsuit was filed in Massachusetts federal court.

ReproSource Fertility Diagnostics Inc. faces a class action lawsuit for failing to protect patients’ personally identifiable information (PII) and waiting more than a month to notify customers of the data breach. 

On Aug. 8, 2021, hackers accessed the ReproSource network, exposing at least 350,000 individuals’ PII, including Social Security numbers, addresses, dates of birth, and health insurance billing information. ReproSource discovered ransomware on August 10, and began notifying customers on Sept. 24, 2021.

The class action’s lead plaintiff is Jasmyn Bickham who received care from a Fertility Solutions clinic in Providence, Rhode Island in 2015. On Oct. 21, 2021, ReproSource notified Bickham that her PII had been compromised in the breach. 

Bickham seeks to represent a nationwide class of anyone whose private information was compromised as a result of the data breach that was discovered on or about Aug. 10, 2021 and who were sent notice of the breach.

The class action charges include negligence, breach of contract, breach of implied contract, and breach of fiduciary duty.

ReproSource ‘Woefully Deficient’ in Security, Response

At issue is ReproSource’s alleged failure to secure and safeguard patients’ sensitive personal data, thus violating HIPAA, healthcare industry standards, and several federal and state laws. 

The complaint argues that ReproSource’s failings are “especially egregious,” given the repeated attacks on healthcare networks and subsequent warnings about data security. 

Additionally, ReproSource’s response to the breach was “not just untimely but woefully deficient,” according to the complaint. While the company immediately began an investigation after Aug. 10, it waited more than a month to notify customers and allegedly never offered an explanation for the delay.

The class action seeks equitable relief that would require ReproSource to enhance its security systems and return and disgorge its wrongfully retained revenue. Further sought relief includes no less than three years of credit monitoring services for the Class paid for by ReproSource; actual, compensatory, and statutory damages and statutory penalties; punitive damages; attorneys’ costs; and pre- and post-judgment interest. 

ReproSource Inadequacy Leads to ‘Slew of Harms,’ Class Action Complaint Claims

ReproSource offers affected customers one year of credit and identity monitoring through Kroll, an investigations and risk consulting firm, which the complaint argues is not enough. Bickham declined the offer since it requires further sharing of PII with third parties. 

Further, Bickham claims that ReproSource has not assured her or Class Members that all personal data or copies of data have been recovered or destroyed. As a result, customers will “experience a slew of harms” over the coming months and years, the complaint says. This includes unauthorized credit card charges, access to email accounts, identity theft, and medical procedures ordered in patients’ names.

Were you affected by the ReproSource data breach? Let us know in the comments below!

The plaintiff is represented by David Pastor of Pastor Law Office, LLP and Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod, LLP.

The ReproSource Fertility Data Breach Class Action Lawsuit is Bickham v. ReproSource Fertility Diagnostics Inc., Case No. 1:21-cv-11879-GAO, in the US District Court for the District of Massachusetts.

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