Morrow v Quest Diagnostics Inc. Settlement Frequently Asked Questions

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Questions

Answers

1. Why is there a Notice?

Answer:

A Court authorized the Notice because you have a right to know how the proposed Settlement may affect your rights. The Notice explains the nature of the litigation, the general terms of the proposed Settlement and how it affects you. The Notice also explains the ways you may participate in, or exclude yourself from, the Settlement.

Judge Claire C. Cecchi of the United States District Court for the District of New Jersey is overseeing this class action. The case is known as Morrow v. Quest Diagnostics Incorporated, Case No. 2:17-cv-00948-CCC-JBC (D.N.J.).

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2. What is this litigation about?

Answer:

On December 12, 2016, Quest notified certain persons that on November 26, 2016, an unauthorized third party obtained protected health information of approximately 34,000 users of the MyQuest application maintained by Quest, including names, dates of birth, lab results, and in some instances, telephone numbers (the “Incident”). All the information potentially exposed in the Incident is referred to here as “Personal Information.”

The lawsuit was brought on behalf of the individuals impacted by the Incident against Quest. Plaintiff claims that Defendant failed to adequately protect his and other Class Members’ Personal Information and that they were injured as a result. Defendant denies any wrongdoing, and no court or other entity has made any judgment or other determination of any wrongdoing or that the law has been violated. In the lawsuit, Plaintiff alleges negligence, breach of contract, breach of implied contract, invasion of privacy, publication of private facts, unjust enrichment, and violation of the New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1, et seq.). Plaintiff’s complaint seeks monetary, declaratory, and injunctive relief.

The current, most recent, complaint filed in this litigation, which describes the specific legal claims alleged by the Plaintiff, the Defendant named in the lawsuit, and the relief sought in litigation, is available in the Documents section of this website.

Plaintiff and Quest (the “Parties”) have agreed to settle the lawsuit in its entirety, without any admission of liability by Quest. The Parties intend this Agreement to bind Plaintiff, Quest, and all Settlement Class Members who do not timely and properly exclude themselves from the Settlement.

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3. Who is the Defendant in the lawsuit?

Answer:

The Defendant is Quest Diagnostics Incorporated. Quest is a leading provider of diagnostic information services and laboratory testing.

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4. Why is this a class action?

Answer:

Even if you have not filed your own lawsuit against Defendant regarding the Incident, you can obtain the benefits provided by this Settlement because the litigation is proceeding as a class action.

In a class action, one or more people file a lawsuit to assert legal claims on behalf of themselves and other persons who have experienced the same or similar circumstances. The Plaintiff in the complaint against Defendant will serve as the “Settlement Class Representative” to represent not only his personal interests, but the interests of all the Settlement Class Members. Because this is a class action, even Settlement Class Members who did not file their own lawsuit can obtain a benefit.

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5. Why is there a settlement?

Answer:

Settlements avoid the costs and uncertainty of a trial and related appeals, while providing benefits to Settlement Class Members when the Settlement becomes final. The Court has not decided in favor of Plaintiff or Defendant. Instead, both sides agreed to settle the lawsuit in its entirety, without any admission of liability by Quest. Settlement Class Representative and the attorneys for the Settlement Class (“Class Counsel,” see FAQ 7) believe that the Settlement is in the best interests of the Settlement Class Members.

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6. How do I know if I am part of the Settlement?

Answer:

You are a Settlement Class Member, and you are affected by the Settlement, if you are a resident of the United States, and if your personal information was obtained by an unauthorized third party in the Incident. Excluded from the Settlement Class are the judge and magistrate judge presiding over this matter, any members of their judicial staff, the officers and directors of Defendant, and persons who timely and validly request exclusion from the Settlement Class. 

If you received a mailed Notice of the Settlement, you have been identified by the Settlement Administrator as a Settlement Class Member.

If you are still not sure whether you are a Settlement Class Member call the Settlement Administrator toll free number at 844-245-3767 to see if you are a Settlement Class Member.

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7. Do I have a lawyer in the case?

Answer:

Yes. The Court appointed has “Class Counsel” to represent you and the other Settlement Class Members:

John A. Yanchunis

Partick Barthle

Morgan & Morgan

Complex Litigation Department

201 N. Franklin Street, 7th Floor

Tampa, Florida 33602

Tel.:  (813) 223-5505

 

 

James Barry

Locks Law Firm, LLC

801 N. Kings Highway

Cherry Hill, NJ 08034

Tel: (856) 663-8200

 

Michael Galpern

Javerbaum Wurgaft Hicks Kahn Wickstrom & Sinins, P.C.

100 Century Parkway, Suite 305

Mount Laurel, NJ 08054

Tel: (856)596-4100

 


You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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8. How will Class Counsel be paid?

Answer:

Class Counsel will make an application to be paid from the Settlement Fund, which must be approved by the Court. Class Counsel will apply for an attorneys’ fee award of no more than $95,000, inclusive of Attorneys’ Fees and Expenses, and a Service Award for Plaintiff. If you wish, you may object to the amount of Attorneys’ Fees, Costs, and Expenses. For more detailed information about objecting, see FAQ 15

Class Counsel will also ask the Court to approve a Service Award to compensate the Settlement Class Representative. If you wish, you may object to the amount of the Service Award. For more detailed information about objecting, see FAQ 15.

The Court will decide the Attorneys’ Fees, Costs, and Expenses, and Service Award to be awarded. Any Attorneys’ Fees, Costs, and Expenses or Service Award awarded will be paid from the $195,000 Settlement Fund. Class Counsel’s application for an award of Attorneys’ Fees, Costs, and Expenses, and Service Award will be made available in the Documents section on the date it is filed or as quickly thereafter as practicable, and, in any event, before the deadline for you to comment or object to the Settlement.

You can request a copy of the application by contacting the Settlement Administrator, at Morrow v. Quest Diagnostics Inc. c/o Settlement Administrator, P.O. Box 58214, Philadelphia, PA 19102-8214.

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9. What benefits does the Settlement provide?

Answer:

The Settlement provides the following benefits to Settlement Class Members who submit valid and timely claims in compliance with the instructions in the Claim Form:

  • Settlement Class Members who submit documentary evidence establishing actual monetary loss resulting from the Incident shall be reimbursed for the loss established, up to a limit of Two Hundred Fifty Dollars and No Cents ($250) per claimant.
  • Settlement Class Members whose HIV test results were obtained during the Incident will be paid Seventy-Five Dollars and No Cents ($75) without a requirement of establishing actual monetary loss.
  • An eligible Settlement Class Member may receive distributions pursuant under both the actual monetary loss provision and the HIV test results provision for a maximum payment of Three Hundred Twenty-Five Dollars and No Cents ($325).

Settlement Benefit:  Reimbursement for Monetary Losses

If you spent money to address fraud or identity theft that you believe was caused by the Incident, or to protect yourself from future harm, then you may make a claim for reimbursement. Each individual Claim for monetary losses may not exceed $250. All Claims of any type will be processed prior to any being paid. If the Settlement Fund is sufficient to cover all valid Claims, all such Claims will be paid in full. If the Settlement Fund is not sufficient to cover all valid Claims, then the amount of each claim will be reduced proportionally (by a percentage) until the Settlement Fund is exhausted.  

Monetary losses that are eligible for reimbursement through the Settlement include the following costs related to the Incident and incurred after November 26, 2016:

  • The costs of credit monitoring or identity protection services you obtained.
  • Unreimbursed losses, fees, or charges incurred as a result of identity fraud or theft connected with the possible misuse of your Personal Information maintained by Quest. 
  • Professional fees and other costs incurred addressing identity fraud or theft, including falsified tax returns or other identity fraud or theft connected with the possible misuse of your Personal Information.
  • Costs associated with credit freezes.
  • Miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance charges that you show were incurred in connection with identity fraud or theft connected with the possible misuse of your Personal Information. 

This list provides examples only, and other losses or costs due to the Incident may also be eligible for reimbursement. YOU MUST BE ABLE TO DOCUMENT YOUR CLAIM FOR MONETARY LOSSES.

Settlement Benefit: Obtained HIV Results

You may file a Claim for an HIV test obtained in the Incident by submitting a Claim Form giving written permission to Quest to disclose to the company administering the Settlement whether or not an HIV test pertaining to you was affected by the Incident.  If you do so, and such a test was affected in the Incident, you will be eligible to receive a payment of up to Seventy-Five Dollars and No Cents ($75). You do not need to submit any documentation to file a Claim for an affected HIV test.  Quest will not disclose to the Settlement Administrator the results of any HIV test.

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10. How do I file a Claim?

Answer:

There are two options for filing Claims:

(1) File Online: You may fill out and submit the Claim Form and the required documentation online at on this Settlement website; or

(2) File by Mail:  Download a hard copy of the Claim Form or ask the Settlement Administrator to mail a Claim Form to you by calling 844-245-3767 or emailing info@MedicalDataSettlement.com. Fill out your Claim Form, and mail it (including postage) to:

Morrow v. Quest Diagnostics Inc

c/o Settlement Administrator

P.O. Box 58214

Philadelphia, PA 19102-8214


The deadline to file a Claim is May 22, 2020 (this is the last day to file online and/or postmark for mailed Claims).  

Instructions for filling out the Claim Form are included on the Claim Form. 

You may access the Claim Form HERE.

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11. How will I receive the benefits I claim from the Settlement?

Answer:

If the Settlement is finally approved by the Court, checks for valid Claims will be mailed by the Settlement Administrator to the mailing address that you provide on your Claim Form.

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12. What happens if my contact information changes after I submit a Claim?

Answer:

If, after you submit a Claim Form, you change your mailing address or email address, it is your responsibility to inform the Settlement Administrator of your updated information. You may do so by contacting the Settlement Administrator using the contact information in FAQ 23.

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13. What happens if some of the money from this Settlement is not claimed?

Answer:

Any money left in the Settlement Fund after payment of any taxes due on the Settlement Fund, any Service Award approved by the Court, the Attorneys’ Fees and Expenses approved by the Court, and payments to Settlement Class Members who submit valid and timely Claims shall be used to offset Settlement notice and administration costs paid or incurred.

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14. What am I giving up to stay in the Settlement Class?

Answer:

Unless you exclude yourself (see FAQs 19, 20, and 21), you are staying in the Settlement Class, and that means when the Settlement becomes final, you will release all claims against Defendant related to the Incident, whether or not you make a Claim for one or more of the Settlement Benefits, and any applicable orders entered by the Court will legally bind you. By releasing your legal claims, you are giving up the right to file lawsuits against, or seek further compensation from, Quest and their current, former, and future related parties for any harm related to the Incident—whether or not you are currently aware of those claims.  

If you remain a member of the Settlement Class, you, as well as your heirs, assigns, beneficiaries, and successors (the “Releasing Parties”), will release the Released Claims, which include any rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to the Incident that were or could have been alleged in the Action, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies that the Releasing Parties, and each of them had, has, or may have in the future relating to, based upon, resulting from, or arising out of (1) the Incident (including without limitation any such claims relating to (i) unauthorized access to, theft, exposure, or disclosure of Settlement Class Members’ Personal Information in the Incident, (ii) Defendant’s maintenance and storage of Settlement Class Members’ Personal Information insofar as such maintenance and storage related to the Incident, and (iii) contentions that Defendant’s information security policies and practices were a contributing factor in any way to the Incident), and/or (2) Defendant’s notice of the Incident to Settlement Class Members (the “Released Claims”).

For the avoidance of doubt, the Released Claims include any claims that a Releasing Party may have under the law of any jurisdiction, including, without limitation, those arising under state or federal law of the United States (including, without limitation, any causes of action under the New Jersey AIDS Assistance Act (N.J.S.A. 26:5C-1, et seq.), New Jersey Consumer Fraud Act (N.J.S.A. 56:8-1, et seq.) and any similar statutes or data breach notification statutes in effect in the United States (or in any state or local jurisdiction thereof); causes of action under the common or civil laws of any state in the United States, including but not limited to: unjust enrichment, negligence, bailment, conversion, negligence per se, breach of contract, breach of implied contract, breach of fiduciary duty, breach of implied covenant of good faith and fair dealing, misrepresentation (whether fraudulent, negligent, or innocent), fraudulent concealment or nondisclosure, invasion of privacy, public disclosure or publication of private facts, and misappropriation of likeness and identity; any causes of action based on privacy rights provided for under the constitutions of the United States or of any states in the United States; and also including, but not limited to, any and all claims in any state or federal court of the United States, for damages, injunctive relief, restitution, disgorgement, declaratory relief, equitable relief, Attorneys’ Fees and Expenses, pre-judgment interest, credit or financial account monitoring services, identity theft insurance, the creation of a fund for future damages, statutory penalties, restitution, the appointment of a receiver, and any other form of relief.  

The Settlement Agreement, located in the Documents section contains additional information about Released Claims.

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15. How do I object to the Settlement?

Answer:

If you do not exclude yourself, you can comment on, or object to, the Settlement, Class Counsel’s request for Attorneys’ Fees, Costs, and Expenses, and/or the request for Service Awards for the Settlement Class Representative.

Any written objection to the Settlement must: (i) be submitted to the Court by filing the written objection through the Court's Case Management/Electronic Case Files ("CM/ECF") system, or by mailing the written objection to the United States District Court for the District of New Jersey, or by filing the written objection in person at any location of the United States District Court for the District of New Jersey; (ii) be filed or postmarked on or before the January 8, 2020 Objection Deadline; and (iii) be mailed first class postage prepaid to Lead Class Counsel and Quest’s counsel and postmarked by no later than January 8, 2020.

If you choose to make an objection or comment, it must be in writing and contain the following:

  1. The name and case number of this lawsuit (Morrow v. Quest Diagnostics Incorporated, Case No. 2:17-cv-00948-CCC-JBC (D.N.J.);
  2. Your full name and mailing address, and email address or telephone number;
  3. An explanation of why you believe you are a Settlement Class Member; 
  4. All reasons for your objection or comment; 
  5. Whether you intend to personally appear and/or testify at the Fairness Hearing; 
  6. The name and contact information of any and all attorneys representing, advising, or assisting you, including any counsel who may be entitled to compensation for any reason related to your objection or comment; 
  7. Any and all agreements that relate to the objection or the process of objecting, whether written or verbal, between objector and objector’s counsel and any other person or entity;
  8. Whether any attorney will appear on your behalf at the Fairness Hearing, and if so the identity of that attorney; 
  9. The identity of any persons who wish to be called to testify at the Fairness Hearing; and 
  10. Your handwritten or electronically imaged written (e.g. “DocuSign”) signature. An attorney’s signature, or a typed signature, is not sufficient.

 

COURT

LEAD CLASS COUNSEL

QUEST’S COUNSEL

Martin Luther King Building and United States Courthouse

50 West Walnut Street

Newark, NJ 07102

John A. Yanchunis

Morgan & Morgan

Complex Litigation Department

c/o Quest Settlement Administrator

1515 Market Street, Suite 1700

Philadelphia, PA 19102

 

David H. Hoffman

Sidley Austin LLP

One South Dearborn

Chicago, IL 60603

 

 

 

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16. When and where will the Court decide whether to approve the Settlement?

Answer:

The Court will hold the Fairness Hearing at 10:30 AM on February 25, 2020 in Courtroom MLK 5B of the United States District Court for the District of New Jersey, Newark Division, located in the Martin Luther King Building & US Courthouse. 50 Walnut St., Newark, NJ 07101. The hearing may be postponed to a different date or time or location without notice. Please check this Settlement website, or Judge Claire C. Cecchi’s Calendar for any updates about the Settlement or the Fairness Hearing. If the date or time of the Fairness Hearing changes, an update to the Settlement Website or the Court’s Calendar will be the only way you will be informed of the change.

At the Fairness Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who appear at the hearing and who have provided notice of their intent to appear at the hearing. The Court may also consider Class Counsel’s application for Attorneys’ Fees, Costs, and Expenses and for Class Representative Service Award. The motion for Attorney Fees, Costs, and Expenses and for Service Awards will be posted on the website on the date it is filed or as quickly thereafter as practicable. After the hearing, the Court will decide whether to approve the Settlement.

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17. Do I have to come to the hearing?

Answer:

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you submit a written objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.

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18. May I speak at the hearing?

Answer:

At the hearing, the Court, at its discretion, will hear any objections and arguments concerning the fairness of the Settlement.

You may attend, but you do not have to. As described above in response to FAQ 15, you may speak at the Fairness Hearing if you have filed an objection.

You cannot speak at the hearing if you exclude yourself from the Settlement Class.

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19. How do I exclude myself from the Settlement?

Answer:

If you want to keep the right to sue or continue to sue Defendant based on claims this Settlement resolves, to the extent such claims are timely, you must take steps to exclude yourself from the Settlement Class (sometimes called “opting out”).

To exclude yourself from the Settlement, you must send a letter by mail saying that you wish to do so. Your exclusion letter must include:

a. The name and case number of this lawsuit (Morrow v. Quest Diagnostics Incorporated, Case No. 2:17-cv-00948-CCC-JBC (D.N.J.));

b. Your full name and mailing address;

c. The words “Notification of Exclusion” or a statement that you want to be excluded from the Settlement; and

d. Your handwritten or electronically imaged written (e.g. “DocuSign”) signature. An attorney’s signature, or a typed signature, is not sufficient.

You must mail your exclusion letter, postmarked no later than January 8, 2020, to:

Morrow v. Quest Diagnostics Inc.
c/o Settlement Administrator
ATTN: Exclusion Requests
P.O. Box 58214
Philadelphia, PA 19102-8214

You cannot exclude yourself by mailing a notification to any other location or after the deadline of January 8, 2020.

You cannot exclude yourself by telephone or by email. Your exclusion letter must be signed by you, personally, and not your lawyer or anyone else acting on your behalf. “Mass” or “class” opt-outs made on behalf of multiple persons or classes of persons will be deemed invalid.

If you submit a Claim Form, and you also submit a request for exclusion, the request for exclusion will be deemed invalid.

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20. If I exclude myself, can I still get the Settlement benefits?

Answer:

No. You will not be eligible to receive any compensation from the Settlement if you exclude yourself.

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21. If I exclude myself, am I still represented by Class Counsel?

Answer:

No. Class Counsel represents the members of the Settlement Class. If you exclude yourself from the Settlement Class, you are not represented by Class Counsel.

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22. What happens if I do nothing?

Answer:

If you do nothing, you will not be eligible to receive any compensation from the Settlement, and you will give up your rights to sue Defendant about the legal claims in this litigation.

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23. How do I get more information?

Answer:

The Notice summarizes the proposed Settlement. More details are in the Settlement Agreement itself. You can get a copy of the Settlement Agreement, view other case documents, and get additional information and updates by visiting this Settlement website.

All of the case documents that have been filed publicly in this case are also available online through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.njd.uscourts.gov. This case is Morrow v. Quest Diagnostics Incorporated, Case No. 2:17-cv-00948-CCC-JBC (D.N.J.). You may obtain case documents by visiting the office of the Clerk of the Court for the United States District Court for the District of New Jersey, between 9:00 a.m. and 4:00 p.m., Monday through Friday, excluding Court holidays.

You can also get additional information or request a copy of the Settlement Agreement by calling toll-free 844-245-3767, emailing at info@MedicalDataSettlement.com, or writing to the Settlement Administrator at Morrow v. Quest Diagnostics Inc., c/o Settlement Administrator, P.O. Box 58214, Philadelphia, PA 19102-8214.

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE TO INQUIRE ABOUT THIS SETTLEMENT OR THE CLAIM PROCESS.

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This website is authorized by the Court, supervised by counsel and controlled by the Settlement Administrator approved by the Court. This is the only authorized website for this case.

For more information please call 844-245-3767

Documents

Please read for a full explanation of the settlement and your options and all applicable timelines.

Contact

Contact us with any inquiries, comments, and/or requests.

Submit Claim

Click here to safely and securely submit a Claim Form.

Important Dates

  • Exclusion Deadline

    Wednesday, January 8, 2020
    You must complete and mail your request for exclusion so that it is postmarked no later than Wednesday, January 8, 2020.
  • Objection Deadline

    Wednesday, January 8, 2020
    You must mail your objection(s) and/or notice of intent to appear at the Fairness Hearing so that it/they are postmarked no later than Wednesday, January 8, 2020.
  • Fairness Hearing

    Tuesday, February 25, 2020
    The Fairness Hearing is scheduled for Tuesday, February 25, 2020. Please check this website for updates.
  • Claim Filing Deadline

    Friday, May 22, 2020
    You must submit your Claim Form online no later than Friday, May 22, 2020, or mail your completed paper Claim Form so that it is postmarked no later than Friday, May 22, 2020.

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