Lee v. Texas Ear, Nose & Throat Specialists

A proposed settlement has been reached in a class action lawsuit known as Lee, et al. v. Texas Ear, Nose & Throat Specialists, PLLC, Case No. 2021-84322 (the “Lawsuit”), filed in the 113th Judicial District Court for Harris County, Texas.

This Lawsuit arises out of unauthorized access to Texas Ear, Nose & Throat Specialists’ (“Texas ENT” or “Defendant”) systems and certain files containing sensitive information about Texas ENT’s current and former patients and employees, including, but not limited to, names, dates of birth, medical record numbers, procedure codes, Social Security numbers, and other types of personally identifiable information (collectively “Personal Information”), which occurred between August 9, 2021, and August 15, 2021 (the “Data Incident”). Texas ENT disagrees with Plaintiffs’ claims and denies any wrongdoing.

All Settlement Class Members can receive the following benefits from the Settlement: (1) up to $300 for documented out-of-pocket expenses, (2) reimbursement for up to three hours of lost time spent dealing with the Data Incident ($20 per hour), (3) reimbursement for extraordinary losses up to $3,000 for documented expenses, and (4) credit/identity monitoring services described below. Texas ENT also agrees to provide various security related improvements.

Settlement Class Members whose Social Security numbers were involved in the Data Incident can elect to enroll in two years of three-bureau credit monitoring. Settlement Class Members whose Social Security numbers were NOT involved in the Date Incident can elect to enroll in two years of IdentityForce® RapidResponse ID (or a similar product).

You are included in this Settlement as a Settlement Class Member if you reside in the United States and were mailed written notification by Texas ENT that your Personal Information was or may have been compromised in the Data Incident.

Your Legal Rights and Options in This Lawsuit

Submit a Claim Form	The only way to get Settlement benefits for out-of-pocket losses, lost time, or extraordinary losses is to submit a Claim Form. The deadline to submit a claim is October 23, 2023.
Object	You can tell the Court why you do not like the Settlement, but you will still be bound by the Settlement if the Court approves it. You may still file a Claim Form and/or receive identity theft protection services. The deadline to file an objection October 23, 2023.
Exclude Yourself	You can exclude yourself from the Settlement Class, but you’ll get no Settlement benefits. You’ll keep your right to file your own lawsuit against the Defendant about the legal claims in this case. The deadline to exclude yourself from the Settlement is October 23, 2023.
Go to a Hearing	You can ask to speak in Court about the fairness of the Settlement at your own expense. See FAQ 18 for more details. The Final Fairness Hearing is scheduled for December 5, 2023, 1:30 p.m..
Do Nothing	If you do nothing, you’ll get no Settlement benefits but be bound by the Settlement.

These rights and options—and the deadlines to exercise them—are explained further on the Frequently Asked Questions (FAQs) page.