1. Why was the Notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Circuit Court of Jefferson County, Alabama, authorized the Notice. You have a right to know about the proposed Settlement of this class action lawsuit, and about all of your options, before the Court decides whether to grant final approval of the Settlement. The Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called In re Alabama Ophthalmology Associates, P.C., Data Breach Litigation, Case No. 01-cv-2025-901488.00. It is pending in the Circuit Court of Jefferson County, Alabama. The people that filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Alabama Ophthalmology Associates, P.C., is called the “Defendant.”
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This lawsuit alleges that during the January 2025 targeted cyberattack on Alabama Ophthalmology's computer systems, certain files that may have contained Private Information were potentially accessed. These files may have contained personal information such as Social Security numbers; health insurance information; and treatment information.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “Class” or “Class Members.” One court resolves the lawsuit for all Class Members, except for those who opt out from the Settlement. In this proposed Settlement, the Class Representatives are David Lee; Paul Mason; June Mack; Willie Ellis; Benjamin Melton; Thomas Warren; Willitha Thomas (on behalf of W.M., a minor); Maisie Bishop (on behalf of B.B., a minor); and Kewanne Fox. Everyone included in this Action are the Settlement Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive benefits from the Settlement. The Plaintiffs and their attorneys think the Settlement is best for all Settlement Class Members.
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The Court has defined the Settlement Class this way: “All individuals who reside in the United States who were notified by Alabama Ophthalmology that their information may have been impacted by the January 2025 Data Incident.”
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Yes. Excluded from the Settlement Class are Alabama Ophthalmology; any entity in which Alabama Ophthalmology has a controlling interest, is a parent or subsidiary, or which is controlled by Alabama Ophthalmology; and the affiliates, legal representatives, attorneys, heirs, predecessors, successors, and assigns of Alabama Ophthalmology. Also excluded are the judges and court personnel in this case and any members of their immediate families.
If you are not sure whether you are a Settlement Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Alabama Ophthalmology Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@AOASettlement.com
Call toll free, 24/7: (833) 244-7341
You may also view the Settlement Agreement here
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All Settlement Class Members may claim Medical Data Monitoring and Identity Theft Protection services, and one of two cash payment options. The benefits are explained in more detail below.
Medical Data Monitoring and Identity Theft Protection. All Settlement Class Members are eligible to enroll in two years of CyEx Medical Shield Complete. This comprehensive service comes with $1 million of medical identity theft insurance, and includes monitoring for:
If anything, suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payments. Settlement Class Members who have documented losses may claim a payment for Out-of-Pocket Expense Claims. All other Settlement Class Members may claim a Pro-Rata Cash Payment. You may claim only one payment option.
Out-of-Pocket Expense Claims. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $5,000.00. The losses must have occurred between January 22, 2025, and July 6, 2026. This benefit covers out-of-pocket expenses like:
You need to send proof, like receipts, to show how much you spent or lost. Your personal certifications, declarations, or affidavits do not constitute reasonable documentation to make a valid claim, but you may include that to provide clarification, context, or support for other submitted reasonable documentation showing that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
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Pro-Rata Cash Payment. Instead of Out-of-Pocket Expense Claims, you may claim a one-time Pro-Rata Cash Payment. This payment is currently estimated to be $60.00, but may be larger or smaller depending on the total valid claims filed. You do not have to provide any proof or explanation to claim this payment.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement Administrator at:
Alabama Ophthalmology Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@AOASettlement.com
Call toll free, 24/7: (833) 244-7341
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If you stay in the Settlement Class, you won’t be able to be part of any other lawsuit against Alabama Ophthalmology about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section 7) describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Alabama Ophthalmology Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833) 244-7341, by email info@AOASettlement.com , or by U.S. mail at the address above.
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If you are submitting a Claim Form online here, you must do so by July 6, 2026. If you download a Claim Form here and are submitting the Claim Form by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than July 6, 2026.
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The Court will hold a Final Approval Hearing on June 25, 2026 (see Question 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
Please be patient.
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Yes, the Court has appointed attorneys Jonathan S. Mann of Pittman, Dutton, Hellums, Bradley & Mann, P.C.; Nickolas J. Hagman of Cafferty Clobes Meriwether & Sprengel LLP; Jeff Ostrow of Kopelowitz Ostrow, P.A.; and Mariya Weekes of Milberg Coleman Bryson Grossman, PLLC, to represent you and other Settlement Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve reasonable attorneys’ fees up to $283,333.33, and reimbursement for the costs of litigation. This amount will be paid from the Settlement Fund.
Class Counsel will also ask for Service Award payments of $1,500.00 for each of the Class Representatives. Service Award payments will also be paid from the Settlement Fund.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called an Opt-Out Request.
If you opt-out, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you opt-out. However, you will keep any rights you may have to sue Alabama Ophthalmology on your own about the legal issues in this case.
The deadline to opt-out from the Settlement is June 5, 2026.
To be valid, your Opt-Out Request must have the following information:
the name of the Litigation: In re Alabama Ophthalmology Associates, P.C., Data Breach Litigation, Case No. 01-cv-2025-901488.00, pending in the Circuit Court of Jefferson County, Alabama;
your full name, mailing address, telephone number, and email address;
personal signature; and
the words “Opt-Out Request” or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Alabama Ophthalmology Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Your Opt-Out Request must be submitted and postmarked by June 5, 2026.
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If you are a Settlement Class Member and do not like part or all of the Settlement, you can object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You cannot object if you have opted-out from the Settlement (see Question 15).
You must provide the following information for the Court to consider your objection:
the name of the Litigation: In re Alabama Ophthalmology Associates, P.C., Data Breach Litigation, Case No. 01-cv-2025-901488.00, pending in the Circuit Court of Jefferson County, Alabama;
your full name, mailing address, telephone number, and email address (if any);
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;
the identity of any and all counsel representing the objector in connection with the objection;
a statement whether the objector and/or his or her counsel will appear at the Final Fairness Hearing; and
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
For your objection to be considered, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by June 5, 2026. You must also send a copy of the objection by U.S. Mail to the Settlement Administrator, Class Counsel, and Defendant’s Counsel.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Alabama Ophthalmology Data Incident Settlement |
Class Counsel | Counsel for Defendants |
Jonathan S. Mann | Lisa A. Houssiere |
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Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not opt-out from the Settlement. Opting out from the Settlement is stating to the Court that you do not want to be part of the Settlement. If you opt-out of the Settlement, you cannot object to it because the Settlement no longer affects you.
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The Court will hold a final approval on June 25, 2026, at 2:00 p.m., Central Time, in Courtroom 610 at the Circuit Court of Jefferson County, 716 Richard Arrington Jr. Blvd. N, Room 610, Birmingham, AL 35203.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide Class Counsel’s request for an attorneys’ fees and costs award and the request for a Service Award to the Class Representatives. The Court will also consider any timely objections to the Settlement.
If you are a Settlement Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement.
You will also give up the rights described in Question 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Alabama Ophthalmology Data Incident Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799
Email: info@AOASettlement.com
Call toll free, 24/7: (833) 244-7341
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, Circuit Court of Jefferson County, 716 Richard Arrington Jr. Blvd. N, Room 420, Birmingham, AL 35203.
Do not contact the Court or Clerk of Court regarding this Settlement
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