This page provides the answers to class members’ most frequently asked questions.

The information provided is in summary form and is not intended as a complete explanation of your rights. For full and complete information, you are directed to review carefully the Notice.

About The Settlement

What is this lawsuit about?

In June 2021, Electromed determined through a third-party cybersecurity expert investigation that a criminal ransomware attacked allowed cybercriminals accessed to certain Electromed files containing customers, employees, and some thirdparty contractors personal information. Upon receiving notice that her information was part of the data breach, Plaintiff brought this lawsuit on behalf of herself and all potential class members for the alleging claims of negligence to implement adequate data security safeguards, which allowed cybercriminals to access to her personal information. Defendant denies that it acted negligently in protecting Plaintiff’s personal information.

Why is there a settlement?

The Court did not decide in favor of Plaintiff or Defendant. Instead, both parties agreed to a Settlement to resolve the claims. A class wide settlement avoids the costs and risk of a trial, and class members can receive the available settlement compensation benefits. The Class Representative and Class Counsel believe the Settlement is in the best interest of the Class.

Who is in the Settlement?

You have been identified through Electromed’s records as a class member, and are included in the Settlement, if you received a data breach notice letter from Defendant indicating you may be part of the Electromed data breach that occurred in June 2021. The Class is defined for settlement purposes as:

All persons who were sent notice of the Data Breach. A California Subclass will be created to address their claims under the California Confidentiality of Medical Information Act.

Excluded from the Class are Electromed’s officers, directors, and employees; any entity in which Electromed has a controlling interest; and the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Electromed. Also excluded from the Class are members of the judiciary to whom this case is assigned, their families and members of their staff.

What does the Settlement provide?

The Defendant will pay $825,000 into a Settlement Fund, which will be distributed to class members who submit valid claims, after deducting the named Plaintiff’s incentive award, class counsel’s attorneys’ fees and expenses, and notice and administration costs, if such award is approved by the Court.

How can I get a payment?

By submitting a valid claim form on or before the claim deadline of April 1, 2023.

What happens if I do nothing?

If you do nothing and you are a class member, you will get no money from this Settlement, and you will not be able to sue Electromed for the conduct alleged in this lawsuit. If you do nothing and you are not a class member, the Settlement will not affect or release any individual claim you may have.

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

The Court will hold a Fairness Hearing at 10:00 a.m. on June 5, 2023, at the federal courthouse located at 316 North Robert Street, St. Paul, MN 55101. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate.

If there are objections, the Court will consider them and listen to any arguments presented. The Court may also decide how much Class Counsel should receive in fees and expense reimbursements. After the hearing, the Court will decide whether to approve the Settlement.

The Court may reschedule the Fairness Hearing or change any of the deadlines described in this notice. The date of the Fairness Hearing may change without further notice to the class members. Be sure to check this website for news of any such changes.

Do I have a lawyer in this case?

Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”

Terence R. Coates
Dylan J. Gould
119 E. Court Street, Suite 530
Cincinnati, OH 45202

Nathan D. Prosser
8050 West 78th Street
Edina, MN 55439

Bryan L. Bleichner
100 Washington Ave., Suite 1700
Minneapolis, MN 55401

You will not be charged by these attorneys for their work on the case.