Notice of Proposed $46million Class Action Settlement - Kaiser Permanente Data Privacy Breach

     Got the below notice by email. Other KP members, and kosaks interested in quality vs ? healthcare systems, may be interested. At least one “related entity” the notice cites likely is Epic Systems [wik article; note the <small>CONTROVERSIES</small> section] which provides the MyChart patient interface to KP, part of Epic’s “vast electronic health record (EHR) data“  store, e.g., at Medscape “Inside Epic’s Rapid-Fire Research Machine: Epic Research is rewriting the rules of medical publishing by using massive patient datasets to deliver fast, accessible studies outside traditional journals. (Medscape is free but does require registration.) Theoretically, KP asks patient permission for “participation” in research; the actuality … varies.

Settlement Administrator 

From:[e-mail]

Fri, Jan 9 at 11:43 AM

Dear Settlement Class Member:

You are receiving this email from Strategic Claims Services because we are the Settlement Administrator for the above-referenced litigation.

Your Class Member ID Number is: ____________________

 

THIS NOTICE PROVIDES ONLY LIMITED INFORMATION ABOUT THE SETTLEMENT AND A POTENTIAL PAYMENT FROM A SETTLEMENT FUND OF $46 TO $47.5 MILLION.

Please visit www.KaiserPrivacySettlement.com for more information.

The parties in the lawsuit John Doe, et al. v. Kaiser Foundation Health Plan, Inc., et al., Case No. 3:23-cv-02865-EMC (N.D. Cal.) (“Action”) have reached a proposed settlement of claims (“Settlement”) in a pending class action against Kaiser Foundation Health Plan, Inc. (“Defendant”) and certain related entities. If approved, the Settlement will resolve this Action wherein Plaintiffs allege that Defendant’s websites and mobile applications disclosed their confidential personal information due to third-party software code. Plaintiffs allege that this code was embedded across Defendant’s platforms, including the secure patient portal, and transmitted information to third parties when users navigated these platforms. Defendant firmly denies the allegations, denying any liability or wrongdoing, and denies that Plaintiffs are entitled to any relief arising from this Action. Defendant also maintains that Plaintiffs have not suffered any damages arising from this Action. Additional information regarding the Action and the Settlement can be found in the Amended Stipulation of Settlement dated December 1, 2025 (“Stipulation”) and the long-form notice (“Notice”) available at www.KaiserPrivacySettlement.com.

You received this notice because your contact information was provided by Defendant for purposes of providing notice of the Settlement and you may be a member of the following Settlement Class: Any and all Kaiser members (i.e., current and former enrollees of the Kaiser Foundation Health Plan or any of its affiliates) in the following operating states: California, Colorado, Georgia, Hawaii, Maryland, Oregon, Virginia, Washington, and the District of Columbia, who accessed the authenticated pages of the Kaiser Permanente websites or mobile applications listed below from November 2017 to May 2024:

Websites:
https‌://wa-member.kaiserpermanente.‌org
https‌://healthy.kaiserpermanente‌.org

https‌://mydoctor.kaiserpermanente‌.org

Mobile Applications:
Kaiser Permanente Washington App
Kaiser Permanente App
My Doctor Online (NCAL Only) App
My KP Meds App
KP Health Ally App

 

Certain persons (e.g., Defendant and related entities, Kaiser Permanente Members Who Have Chosen To Arbitrate, etc.) are expressly excluded from the Settlement Class as detailed in the Stipulation and Notice. Please review these documents for further information regarding membership in the Settlement Class.

Pursuant to the Settlement, Defendant has agreed to pay $46,000,000.00, which, after deducting any Court-awarded fees and expenses, notice and administration costs, and taxes, will be allocated among Settlement Class Members who submit Claim Forms, in exchange for the Settlement of the Action and the release of all claims asserted in the Action and related claims. The Settlement Amount may be increased, but in no event will it exceed forty-seven million and five hundred thousand dollars ($47,500,000.00), depending on certain conditions of the confidential Supplemental Agreement. For additional information regarding the Settlement, please review the full Notice available at www.KaiserPrivacySettlement.com. If you are a Settlement Class Member, your pro rata share of the Settlement will depend on the number of valid Claim Forms submitted. Your actual share of the Settlement will be determined pursuant to the Plan of Allocation posted on the Settlement website, or other plan ordered by the Court.

To qualify for a payment from the Settlement, you must submit a Claim Form. The Claim Form can be found and submitted on the Settlement website, or you can request that one be mailed to you. Claim Forms must be postmarked (if mailed), or submitted online, by March 12, 2026. If you do not want to be legally bound by any releases, judgments, or orders in the Action, you must exclude yourself from the Settlement Class by March 12, 2026. If you exclude yourself from the Settlement Class, you may be able to sue Defendant and/or its related entities about the claims being resolved in the Action, but you cannot get money from the Settlement. If you want to object to any aspect of the Settlement, you must file or mail an objection by March 12, 2026. The Notice provides instructions on how to submit a Claim Form, exclude yourself from the Settlement Class, or object, and you must comply with all of the instructions in the Notice. If you object to the Settlement, you will remain a member of the Settlement Class and must still submit a Claim Form to be issued a payment.

The Court will hold a hearing on May 7, 2026 at 1:30 p.m. (“Fairness Hearing”), to consider, among other things, whether to approve the Settlement and a request by the lawyers representing the Settlement Class for an award of up to $15,675,000 in attorneys’ fees, plus litigation expenses of no more than $900,000. The named Plaintiffs will also request service awards of up to $5,000 each for their efforts in representing the Settlement Class in the Action. You may attend the Fairness Hearing and ask to be heard by the Court, but you do not have to. For more information, call 1-855-783-3816, send an email to [e-mail], or visit www.KaiserPrivacySettlement.com.

    

Sincerely,

Kaiser Privacy Breach Settlement Administrator
c/o Strategic Claims Services
600 N Jackson St - Suite 205
Media, PA 19063
[e-mail]

<big><big>For accurate historical context, see this post for a cumulative 214-item-&-counting bibliography merely 1997 onward, on Kaiser Permanente malfeasances, as documented and written up in DK posts — here’s the tag to reach the KaiserPermanente stories page; also KaiserPermanenteVentures, the tag for stories on the venture capital investment fund of the company.</big></big>