Frequently Asked Questions

You are a Settlement Class Member if your personal information was impacted by the Data Incident. BioPlus previously sent notice of the Data Incident to individuals whose personal information is believed to have been impacted.

The Settlement Class specifically excludes: (i) BioPlus and its respective officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge and/or magistrate assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contender to any such charge.

This website explains the nature of the Action and claims being settled, your legal rights, and the benefits to the Settlement Class.

This case is known as Gilbert et al. v. BioPlus Specialty Pharmacy Services, LLC, No. 6:21-cv-02158-RBD-DCI, filed in the United States District Court for the Middle District of Florida. The judge is the Honorable Roy Dalton, Jr. The Persons who sued are called the “Plaintiffs” and the company they sued, BioPlus Specialty Pharmacy Services, LLC, is known as the “Defendant” in this case. BioPlus Specialty Pharmacy Services, LLC will be called “Defendant” on this website.

Plaintiffs filed a lawsuit against Defendant, individually, and on behalf of anyone whose personal information was impacted by the Data Incident. Plaintiffs allege that the Data Incident was proximately caused by Defendant’s failure to implement and maintain reasonable data security protections, and as a result, cybercriminals gained access to Plaintiffs’ and the Settlement Class Members’ personal information, including patient names, addresses, dates of birth, Social Security Numbers, medical record numbers, current/former member ID numbers, claims information, diagnoses and/or prescription information.

Plaintiffs alleged that Defendant was liable for damages caused by the Data Incident under the common law legal theories of negligence and breach of implied contract. Plaintiffs also brought statutory claims for declaratory judgment and injunctive relief under Florida’s Deceptive and Unfair Trade Practices Act (“FDUTPA”), Fla. Stat. § 501.201, et seq., and the Federal Declaratory Judgment Act, 28 U.S.C. §2201, et seq.

Defendant denies any wrongdoing or liability under any of Plaintiffs’ legal theories and believes that it would ultimately prevail on each of the claims against it. To date, no court or other entity has made any judgment or other determination of any wrongdoing, or that any law has been violated. By entering into the settlement, Defendant is not admitting any wrongdoing.

By agreeing to settle, both sides avoid the cost, disruption, and distraction of further litigation. The Class Representatives, Defendant, and their attorneys believe the proposed settlement is fair, reasonable, and adequate and, thus, in the best interests for Settlement Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed settlement are found in the Settlement Agreement available on the Documents section of this website.

In a class action, one or more people called a “Class Representative” sue on behalf of all people who have similar claims. All of these people together are the “Settlement Class” or “Settlement Class Members.”

You are a Settlement Class Member if your personal information was impacted by the Data Incident. Defendant sent direct notice of the Data Incident to individuals whose personal information is believed to have been impacted.

The Settlement Class specifically excludes: (i) Defendant and its respective officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) the Judge and/or magistrate assigned to evaluate the fairness of this settlement; and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding, or abetting the Data Incident or who pleads nolo contender to any such charge.

If you are not sure whether you are included as a Settlement Class Member, or have any other questions about the Settlement, visit the Contact page of the Settlement Website, call toll free (833) 933-9020, or write to Gilbert Data Incident Settlement c/o Kroll Settlement Administration, PO Box 225391, New York, NY 10150-5391.

This settlement includes two separate groups. The settlement provides for up to $1,175,000 in benefits for the Non-SSN Class Members, and a $1,025,000 non-reversionary Common Fund for the SSN Class Members.  The total potential value of this settlement is capped at $2,200,000.

The proposed settlement will provide the following benefits to Settlement Class Members:
 
SSN Settlement Fund: The SSN Class Members may submit a Claim Form for SSN Settlement Fund benefits on or before the Claims Deadline. These benefits include:

$50 Pro Rata Cash Payment: SSN Class Members may submit a Claim for a $50 cash payment. The Settlement Administrator will make pro rata settlement payments, which may increase or decrease the $50 cash payment, subject to the total amount of the SSN Settlement Fund.

Lost-Time Claims: SSN Class Members may submit a Claim for up to three (3) hours of time spent remedying issues related to the Data Incident at $25 per hour if the Settlement Class Member (1) attests that any claimed lost time was spent related to and arising out of the Data Incident, and (2) provides a brief general description of how the claimed lost time was spent. No documentation need be submitted in connection with lost time Claims. Claims for lost time are included in the $7,500 individual cap on out-of-pocket expense reimbursement.

Out-of-Pocket Expense Claims: SSN Settlement Class Members may submit a Claim for reimbursement of up to $7,500 in documented out-of-pocket expenses reasonably and fairly traceable to the Data Incident. Out-of-pocket expense Claims can include, without limitation, (i) unreimbursed losses relating to fraud or identity theft; (ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; (iii) costs associated with freezing or unfreezing credit with any credit reporting agency; (iv) credit monitoring costs that were incurred on or after October 25, 2021 that the claimant attests under penalty of perjury were caused or otherwise incurred as a result of the Data Incident, through the date of Claim submission; (v) and miscellaneous expenses such as notary, data charges (if charged based on the amount of data used) fax, postage, copying, mileage, cell phone charges (only if charged by the minute), and long-distance telephone charges. 

SSN Class Members with out-of-pocket expense claims must submit documentation and attestation supporting their Claims.  This may include receipts or other documentation, not “self-prepared” by the claimant, that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation. 

Out-of-pocket expense Claims must include an attestation that the monetary losses were caused or otherwise incurred as a result of the Data Incident and were not incurred due to some other event or reason.
 

Non-SSN Settlement Fund: Non-SSN Class Members may submit a Claim Form on or before the Claims Deadline for benefits from the Non-SSN Settlement Fund. These benefits include:

Lost-Time Claims: Non-SSN Class Members may submit a Claim for up to two (2) hours of time spent related to the Data Incident at $25 per hour if the Settlement Class Member (1) attests that any claimed lost time was spent related to and arising out of the Data Incident, and (2) provides a brief general description of how the claimed lost time was spent. No documentation need be submitted in connection with lost-time claims.  Claims for lost-time are included in the $750 individual cap on out-of-pocket expense reimbursement.

Out-of-Pocket Expense Claims: Non-SSN Class Members may submit a Claim for reimbursement of up to $750 in documented out-of-pocket losses reasonably and fairly traceable to the Data Incident. Out-of-pocket expense claims can include, without limitation, (i) unreimbursed losses relating to fraud or identity theft; (ii) professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; (iii) costs associated with freezing or unfreezing credit with any credit reporting agency; (iv) credit monitoring costs that were incurred on or after October 25, 2021 that the claimant attests under penalty of perjury were caused or otherwise incurred as a result of the Data Incident, through the date of Claim submission; and (v) miscellaneous expenses such as notary, data charges (if charged based on the amount of data used) fax, postage, copying, mileage, cell phone charges (only if charged by the minute), and long-distance telephone charges.

Non-SSN Class Members with out-of-pocket expense claims must submit documentation and attestation supporting their claims. This may include receipts or other documentation, not “self-prepared” by the claimant, that documents the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but may be considered to add clarity or support to other submitted documentation.

Out-of-pocket expense Claims must include an attestation that the monetary losses were caused or otherwise incurred as a result of the Data Incident and were not incurred due to some other event or reason.

All Claims will be reviewed by the Settlement Administrator to determine whether the Claim is a Valid Claim. You must file a Claim Form to get settlement benefits from the proposed settlement. Claim Forms must be submitted online by July 18, 2024, or postmarked no later than July 18, 2024. You can download a Claim Form at the Documents section of this website or you can call the Settlement Administrator at (833) 933-9020 for a Claim Form.

If you stay in the settlement, you will be eligible to receive benefits, but you will not be able to sue BioPlus, its Related Entities, and each of their past or present parents, subsidiaries, divisions, and related or affiliated entities, and each of their respective predecessors, successors, directors, officers, principals, agents, attorneys, insurers, and reinsurers (collectively, the “Released Parties”) regarding the claims in this case. The Settlement Agreement, which includes all provisions about settled claims, and releases, including Released Claims and Released Parties, is available at the Documents section of this website.

The only way to keep the right to sue is to exclude yourself (see FAQ 10), otherwise you will be included in the Settlement Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

No, the Class Representatives do not seek compensation in excess of what they are entitled to under the settlement as regular Settlement Class Members.

The Court will exclude from the Settlement Class any member who requests exclusion. If you do not want to be included in the settlement, you must send a timely written intent to opt-out to the post office box established by the Settlement Administrator, stating your full name, address, and telephone number. Your request must clearly manifest your intent to opt-out from the Settlement Class, to be excluded from the settlement, not to participate in the settlement, and/or to waive all rights to the benefits of the settlement.

Your written request for exclusion must be postmarked no later than June 18, 2024 to:

BioPlus Data Incident Settlement
c/o Kroll Settlement Administration LLC
PO Box 225391
New York, NY 10150-5391

Instructions on how to submit a request for exclusion are available on this website or from the Settlement Administrator by calling (833) 933-9020.

If you exclude yourself, the Court will not allow you to receive any settlement benefits from the settlement, and the Court will not allow you to object to the settlement or Class Counsel’s request for attorneys’ fees and expenses at the Final Fairness Hearing. However, you will not be legally bound by anything that happens in the Action, and you will keep your right to sue Defendant on your own for the claims that this settlement resolves.

No. If you do not exclude yourself from the settlement, and the settlement is approved by the Court, you forever give up the right to sue the Released Parties (listed in FAQ 8) for the Released Claims, as set forth in the Settlement Agreement.

If you do nothing, you will be bound by the settlement if the Court approves it, you will not get any settlement benefits from the settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Defendant or the Released Parties (listed in FAQ 8) about the Released Claims in this case at any time.

Yes. The Court has appointed John A. Yanchunis and Ryan D. Maxey of Morgan & Morgan; Terence R. Coates and Dylan J. Gould of Markovits, Stock & DeMarco, LLC; Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod, LLP; Joseph M. Lyon of The Lyon Firm, LLC; J. Gerard Stranch, IV, of Stranch, Jennings & Garvey, PLLC; and M. Anderson Berry and Gregory Haroutunian of Clayeo C. Arnold, A Professional Corporation (collectively called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. 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.

Class Counsel will apply to the Court for an award of attorneys’ fees in an amount not to exceed one third (or $733,333.33) of the combined total of the Non-SSN Settlement Fund and the SSN Settlement Fund ($2,200,000), and for out-of-pocket case expenses in addition to this amount. Defendant reserves all rights to oppose the requested attorneys’ fees and expenses, including reserving its right to file an opposition to Class Counsel’s motion for attorneys’ fees and expenses. A copy of Class Counsel’s motion for attorneys’ fees and expenses will be posted on the Documents section of this Settlement Website, before the Objection Date of the settlement.

Any award for attorneys’ fees from a particular Settlement Fund shall not exceed one-third (1/3) of that fund. Furthermore, any award of expenses for Class Counsel will be paid out of the Settlement Funds in proportion to the number of Class Members who are eligible for each fund. Because Non-SSN Class Members represent 62.65% of the total Class Members, the Non-SSN Settlement Fund will be responsible for paying 62.65% of litigation and settlement administration expenses. Similarly, because the SSN Class Members represent 37.35% of the total Class Members, the SSN Settlement Fund shall be responsible for paying 37.35% of litigation and Settlement Administration expenses. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.

If you want to tell the Court that you do not agree with the proposed settlement or some part of it, you must file an objection with the Court telling it why you do not think the settlement should be approved. 

Objections must be submitted in writing and include all the following information: 

1. the objector’s full name and address;
2. the case name and docket number: Gilbert et al. v. BioPlus Specialty Pharmacy Services, LLC, No. 6:21-cv-02158-RBD-DCI;
3. a written statement of all grounds for the objection, including whether the objection applies only to the objector, to a subset of the Settlement Class, or to the entire Settlement Class, accompanied by any legal support for the objection the objector believes applicable;
4. the identity of any and all counsel representing the objector in connection with the objection (if none, please state this);
5. a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; and
6. the objector’s signature or the signature of the objector’s duly authorized attorney or other duly authorized representative (if any) representing him or her in connection with the objection. 

To be timely, written notice of an objection in the appropriate form must be mailed, with a postmark date no later than June 18, 2024, to Class Counsel and BioPlus’s Counsel at the addresses below:

You may also file your objection with the Court through the Court’s ECF system, with service on Class Counsel and BioPlus’s Counsel to be made through the ECF system.

If you do not submit your objection with all requirements, or if your objection is not received by June 18, 2024, you will be considered to have waived all objections and will not be entitled to speak at the Final Fairness Hearing.

Objecting is simply telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself is telling the Court that you don’t want to be part of the Settlement Class.  If you exclude yourself, you have no basis to object because the settlement no longer affects you.

The Court will hold the Final Fairness Hearing at 401 West Central Boulevard, Orlando, Florida 32801, Courtroom 4 A at 10:00 a.m. on August 22, 2024, or by remote or virtual means as ordered by the Court.  The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this website for updated information.

At the hearing, the Court will consider whether the proposed settlement is fair, reasonable, adequate, is in the best interests of Settlement Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider Class Counsel’s request for an award of attorneys’ fees and expenses.

After the Final Fairness Hearing, the Court will decide whether to approve the settlement. We do not know how long these decisions will take.

No. You are not required to come to the Final Fairness Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Fairness Hearing, but that is not necessary. However, you must follow the requirements for making objections in FAQ 15, including the requirements for making appearances at the hearing.

Yes. You can speak at the Final Fairness Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in FAQ 15, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the settlement.

If you do nothing, you will not get any settlement benefits, you will not be able to sue for the claims in this case, and you release the Released Claims, as set forth in the Settlement Agreement, against Defendant and the Released Parties described in FAQ 8.

This is only a summary of the proposed settlement. If you want additional information about this Action, including a copy of the Settlement Agreement, the Complaint, the Court’s Preliminary Approval Order, Class Counsel’s motion for attorneys’ fees and expenses, and more, please visit the Documents page of this website or call (833) 933-9020. You may also contact the Settlement Administrator at BioPlus Data Incident Settlement c/o Kroll Settlement Administration LLC, PO Box 225391, New York, NY 10150-5391. 

PLEASE DO NOT ADDRESS ANY QUESTIONS ABOUT THE SETTLEMENT 
OR LITIGATION TO THE CLERK OF THE COURT, THE JUDGE, DEFENDANT, OR DEFENDANT’S COUNSEL.