Frequently Asked Questions

The Court authorized this Notice because you have a right to know about the settlement, and all of your options, before the Court decides whether to give “final approval” to the settlement. This notice explains the nature of the Lawsuit that is the subject of the settlement, the general terms of the settlement, and your legal rights and options.

Judge Kazanjian of the Superior Court for Middlesex County, Massachusetts is overseeing this case captioned as Murray. v. New Horizons Medical Inc., Case No.: 2481CV01915. The person who brought the Lawsuit is called the “Settlement Class Representative” or “Plaintiff.” The company being sued, New Horizons Medical, Inc., is called the “Defendant.”

The Lawsuit alleges that in or about June 16, 2023, Plaintiff received notice from Defendant that it had been the target of a cyberattack (the “Incident”), which may have resulted in the compromise of their personally identifiable information (“PII”) and private health information (“PHI”). Specifically, Plaintiff alleges that Defendant failed to adequately safeguard the private information of individuals saved in Defendant’s systems.

Defendant denies these claims and says it did nothing wrong. No court or other judicial entity has made any judgment or other determination that Defendant has done anything wrong.

In a class action, one or more people called “Settlement Class Representatives” or “Plaintiffs” sue on behalf of all people who have similar claims. Together, all of these people are called a “Settlement Class,” and the individuals are called “Settlement Class Members.” One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Plaintiff or Defendant. Instead, both sides agreed to the settlement. The settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The “Settlement Class Representative” appointed to represent the Settlement Class, and the attorneys for the Settlement Class (“Class Counsel,” see Question 14) think the settlement is best for all Settlement Class Members.

You are affected by the settlement and potentially a Settlement Class Member if you are an individual whose Private Health Information (“PHI”) and/or Personal Identifying Information (“PII”) were impacted by the Incident, which was announced on or about June 16, 2023.

Only Settlement Class Members are eligible to receive benefits under the settlement. Specifically excluded from the Settlement Class are: (a) Defendant’s officers and directors; (b) any entity in which Defendant has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Defendant. Also excluded from the Settlement Classes are members of the judiciary to whom this case is assigned, their families, and members of their staff.

If you are not sure whether you are included in the settlement, you may call (833) 421- 6592. You may also write with questions to:

Murray v. New Horizons Medical, Inc.

c/o Kroll Settlement Administration LLC

P.O. Box 225391

New York, NY 10150-5391

Settlement Class Members who file a valid Claim Form may receive reimbursement for extraordinary losses up to $2,000 per Claimant or ordinary losses, such as out of pocket expenses or lost time, up to $250. In addition, identity theft protection and credit monitoring will be extended by 12 months for Settlement Class Members who enrolled in the complimentary service offered by New Horizons in the data breach notification letter. More information is available on the settlement website.

Settlement Class Members who submit a valid Claim Form are eligible to receive:

1. Reimbursement for documented losses: 
   •  Compensation for Ordinary Losses: Defendant will provide compensation for unreimbursed losses fairly traceable to the Incident, up to a total of $250 per Claimant, upon submission of a claim and supporting documentation, such as the following losses:
     • Out of pocket expenses incurred as a result of the Incident, including bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel; and
     • Compensation for Lost Time: Defendant will compensate Claimants for up to four (4) hours of lost time, at $30 per hour, for time spent dealing with the Incident, but only if at least one (1) full hour was spent. Claimants must attest to the accuracy of any request for compensation for lost time.
   • Compensation for Extraordinary Losses: Defendant will provide up to $2,000 in compensation to each Claimant for proven monetary losses (e.g., attorneys’ fees, accountants’ fees, and fees for credit repair services) incurred as a result of the Incident, provided:
     • The loss is an actual, documented, and unreimbursed monetary loss;
     • The loss was more likely than not caused by the Incident;
     • The loss occurred between February 12, 2023 and July 13, 2025;
     • The loss is not already covered by one or more of the normal reimbursement categories; and
     • The Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit-monitoring insurance and identity-theft insurance.
2. Credit Monitoring and Insurance Services: In addition to the benefits above, New Horizons will extend, to those who are already enrolled in the service, the complimentary Experian IdentityWorksSM Credit 3B referenced in the data breach notification letter by 12 additional months regardless of whether they also make a claim for the settlement benefits above.

To receive a settlement benefit, you must complete and submit a Settlement Claim online, or by mail to Murray v. New Horizons Medical, Inc., c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by July 13, 2025 or by mail postmarked by July 13, 2025.

The Claims Administrator will decide whether and to what extent any claim made on each Claim Form is valid. The Claims Administrator may require additional information from you. If you do not provide the additional information in a timely manner, the claim will be considered invalid and will not be paid.

As proof of class membership, any Settlement Class Members filing an electronic claim must submit the unique identifier provided by the Claims Administrator. If the Claimant loses or does not receive a unique identifier, they may call the Claims Administrator, and have their unique identifier issued or re-issued (as the case may be). Also, a potential Claimant without a unique identifier may submit a Claim Form for consideration to the Claims Administrator in paper format, found on the Documents section of this Settlement Website. The Claims Administrator is authorized to use standard fraud-prevention techniques in reviewing claims for legitimacy and validity.

The Court will hold a hearing on or about September 24, 2025 to decide whether to approve the settlement. If the Court approves the settlement, there may be appeals from that decision, and resolving them can take time, perhaps more than a year. It also takes time for all of the Claim Forms to be processed. Please be patient.

The released persons get a release from all claims covered by this settlement. Thus, if the settlement becomes Final, you will be a Settlement Class Member and you will give up your right to sue New Horizons and all of its agents, predecessors, successors, parents, subsidiaries, related or affiliated entities, assigns, and the current and former representatives, directors, officers, employees, contractors, shareholders, members, partners, principals, attorneys, insurers and reinsurers, subrogees, and assigns of each of the foregoing entities (the “Released Parties”) for all known and unknown claims, demands, actions or causes of action that were asserted or that could have been asserted that are related in any way to the Incident (the “Released Claims”). This release is described in the Settlement Agreement, which is available here.
 

If you have any questions, you can talk to the law firm listed in Question 14 for free, or you can talk to your own lawyer.
 

You can tell the Court that you do not agree with the settlement or some part of it by objecting to the settlement. To object, you must mail your objection to the Claims Administrator as well as to Class Counsel, Kevin Laukaitis of Laukaitis Law LLC and counsel for New Horizons, Edward J. McAndrew of Baker Hostetler LLP at the mailing addresses listed below, postmarked by no later than the Objection Date, June 13, 2025.

Your objection must be written and must include all of the following: (i) (a) the title of the case - Murray v. New Horizons Medical Inc., 2481CV01915; (b) the objector’s name, address, and telephone number; (c) all legal and factual bases for any objection; and (d) copies of any documents that the objector wants the Court to consider.

Yes. The Court appointed Kevin Laukaitis of Laukaitis Law LLC as Class Counsel to represent the Settlement Class in settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court for Class Counsel Payment of up to $215,000, plus reasonable litigation costs. Defendant has agreed to pay any Class Counsel Payment up to those amounts, to the extent approved by the Court. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the settlement and will be the only payment to them for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will also ask the Court for a Service Award up to $2,000 for the Settlement Class Representative.

Any Fee Award and Costs for Class Counsel, and for Service Award to the Settlement Class Representative must be approved by the Court. The Court may award less than the amounts requested. Class Counsel’s papers in support of final approval of the settlement will be filed no later than August 25, 2025 and their motion for the Fee Award and Costs will be filed no later than June 13, 2025 and will be posted on the Settlement Website.

The Court will hold a Final Approval Hearing at 2:00 p.m. ET on September 24, 2025 at the Middlesex County Superior Court, 200 Tradecenter Drive, 2nd Floor, Woburn, MA 01801 as ordered by the Court. At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the request for a Fee Award and Costs, as well as the request for Service Award for the Settlement Class Representative. After the hearing, the Court will decide whether to approve the settlement.  We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this Settlement Website, or calling (833) 421- 6592.

No. Class Counsel will present the Settlement Agreement to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in Question 13, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in Question 13, including all the information required. Your objection and notice of intent to appear must be mailed to the Claims Administrator, Class Counsel, and counsel for New Horizons, postmarked no later than June 13, 2025.

If you do nothing, you will not get any money from this settlement. If the settlement is granted final approval and the judgment becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendant or the other Released Parties based on any of the Released Claims.

This website summarizes the settlement. More details are in the Settlement Agreement itself.  A copy of the Settlement Agreement is available here. You may also call the Claims Administrator with questions, to update your address or to receive a Claim Form at (833) 421- 6592.