NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Cavallaro-Kearins v. Modernizing Medicine, Inc.
Case No. 9:25-cv-81443-EA
United States District Court for the Southern District of Florida
IF YOUR PRIVATE INFORMATION WAS COMPROMISED IN THE
JULY 2025 MODERNIZING MEDICINE, INC., DATA INCIDENT,
A PROPOSED CLASS ACTION SETTLEMENT MAY AFFECT YOUR
RIGHTS, AND ENTITLE YOU TO SETTLEMENT BENEFITS.
A court has authorized this notice. This is not a solicitation from a lawyer.
You are not being sued.
Please read this Notice carefully and completely.
• A Settlement has been reached with Modernizing Medicine, Inc. (“ModMed” or “Defendant”) in a
class action lawsuit. This case is about the targeted cyberattack on two of ModMed's computer
servers that were used to facilitate the conversion of limited data from retiring electronic health
record (“EHR”) platforms to ModMed’s current EHR platform that was discovered in July 2025 (“Data
Incident”). Certain files that contained Private Information were accessed. These files may have
contained Private Information such as full names; addresses; dates of birth; phone numbers; email
addresses; Social Security numbers; health insurance information; and medical information (such
as medical record numbers; patient account numbers; dates of service; provider and practice
names; billing/diagnostic codes; prescription/medication information; and diagnosis and treatment
information).
• The lawsuit is called Cavallaro-Kearins v. Modernizing Medicine, Inc., Case No. 9:25-cv-81443-EA. It
is pending in the United States District Court for the Southern District of Florida (“Litigation”).
• ModMed denies that it did anything wrong, and the Court has not decided who is right.
• The parties have agreed to settle the lawsuit (“Settlement”) to avoid the costs and risks, disruptions,
and uncertainties of continuing the Litigation.
• You are a Settlement Class Member if you were sent notice of the Data Incident, including notice of
this Settlement.
• Your rights are affected whether you act or don’t act. Please read this Notice carefully and
completely.
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 1 of 9
CaseID: 9513
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SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
SUBMIT A CLAIM The only way to receive benefits from this Settlement is by November 2, 2026
submitting a valid and timely Claim Form.
The fastest way to submit your Claim Form is online at
www.ModernizingMedicineDataSettlement.com. If you prefer, you
can download the Claim Form from the Settlement Website and
mail it to the Settlement Administrator. You may also call or email
the Settlement Administrator to receive a paper copy of the Claim
Form.
OPT-OUT OF THE You can choose to opt-out of the Settlement and receive no October 19, 2026
SETTLEMENT Settlement benefits. This option allows you to sue, continue to sue,
or be part of another lawsuit against the Defendant related to the
legal claims resolved by this Settlement. You can hire your own
lawyer at your own expense.
OBJECT TO THE If you do not opt-out of the Settlement, you may object to it by October 19, 2026
SETTLEMENT AND/OR writing to the Court about why you don’t like the Settlement or
Class Counsel’s Application for Attorneys’ Fees and Costs. You
ATTEND A HEARING
may also ask the Court for permission to speak about your
objection at the Final Approval Hearing. If you object, you may also
submit a claim for Settlement benefits.
DO NOTHING Unless you opt-out of the Settlement, you are automatically part of No Deadline
the Settlement. If you do nothing, you will not receive benefits from
this Settlement and you will give up the right to sue, continue to
sue, or be part of another lawsuit against the Defendant or the
Released Parties related to the Released Claims.
• These rights and options—and the deadlines to exercise them—are explained in this Notice.
• The Court in charge of this case still has to decide whether to approve the Settlement.
WHAT THIS NOTICE CONTAINS
BASIC INFORMATION .................................................................................................... 3
WHO IS IN THE SETTLEMENT .......................................................................................... 3
THE SETTLEMENT BENEFITS........................................................................................... 4
SUBMITTING A CLAIM FORM FOR SETTLEMENT BENEFITS ................................................ 5
THE LAWYERS REPRESENTING YOU ............................................................................... 6
OPTING OUT OF THE SETTLEMENT ................................................................................. 6
OBJECTING TO THE SETTLEMENT ................................................................................... 7
THE COURT’S FINAL APPROVAL HEARING ...................................................................... 8
IF I DO NOTHING ........................................................................................................... 9
GETTING MORE INFORMATION ...................................................................................... 9
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 2 of 9
CaseID: 9513
Questions? Call (833) 421-7331 Toll-Free or Visit www.ModernizingMedicineDataSettlement.com
Basic Information
1. Why was this Notice issued?
The United States District Court for the Southern District of Florida authorized this 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. This Notice explains the lawsuit, your legal
rights, what benefits are available, and who can receive them.
The lawsuit is called Cavallaro-Kearins v. Modernizing Medicine, Inc., Case No. 9:25-cv-81443-EA. It is
pending in the United States District Court for the Southern District of Florida. The person that filed this
lawsuit is called the “Plaintiff” (or “Class Representative”) and the company she sued, Modernizing
Medicine, Inc., is called the “Defendant.”
2. What is this lawsuit about?
This lawsuit alleges that during the July 2025 targeted cyberattack on two of ModMed's computer servers,
certain files that contained Private Information were accessed. These files may have contained personal
information such as full names; addresses; dates of birth; phone numbers; email addresses; Social Security
numbers; health insurance information; and medical information (such as medical record numbers; patient
account numbers; dates of service; provider and practice names; billing/diagnostic codes;
prescription/medication information; and diagnosis and treatment information).
3. What is a class action?
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 Representative is Patricia Cavallaro-
Kearins. Everyone included in this Action are the Settlement Class Members.
4. Why is there a Settlement?
The Court did not decide whether the Plaintiff 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 Plaintiff and her attorneys think the Settlement is best for all Settlement
Class Members.
Who is in the Settlement?
5. Who is included in the Settlement?
The court has defined the Settlement Class this way: “All living individuals residing in the United States who
were sent a notice of the Data Incident indicating their Private Information was impacted in the Data
Incident.”
6. Are there exceptions to being included?
Yes. Excluded from the Class are: (1) all persons who are directors, officers, and agents of Defendant, or their
respective subsidiaries and affiliated companies; (2) governmental entities; (3) the Judge assigned to the
Action, that Judge’s immediate family, and Court staff; and (4) any member of the Settlement Class that
timely and validly opts-out of the Settlement.
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 3 of 9
CaseID: 9513
Questions? Call (833) 421-7331 Toll-Free or Visit www.ModernizingMedicineDataSettlement.com
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:
• Email: [email protected]
• Call toll free, 24/7: (833) 421-7331
• By mail: ModMed Data Incident Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana, CA 92799-9958
You may also view the Settlement Agreement at www.ModernizingMedicineDataSettlement.com.
The Settlement Benefits
7. What does the Settlement provide?
ModMed will establish a Settlement Fund of $2,999,750.00. The Settlement Fund will first be used to pay
court-approved attorneys’ fees and costs and the costs of administering the Settlement. The remaining Net
Settlement Fund will be used to pay for the Settlement benefits described below.
MEDICAL DATA MONITORING. 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 with no deductible, and includes real time monitoring with one credit bureau; dark web scanning
with immediate notification of potential unauthorized use; security freeze assistance; and identity theft victim
assistance. If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any
problems.
CASH PAYMENTS. In addition to Medical Data Monitoring, all Settlement Class Members may elect Cash
Payment A – Documented Losses or Cash Payment B – Alternate Cash:
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses
related to the Data Incident, you can get back up to $5,000.00. The losses must have occurred between
July 9, 2025, and November 2, 2026.
This benefit covers out-of-pocket expenses like:
• losses because of identity theft or fraud
• fees for credit reports, credit monitoring, or freezing and unfreezing your credit
• cost to replace your IDs
• postage to contact banks by mail
You need to send reasonable documentation supporting the losses, which means documentation
contemporaneously generated or prepared by a third party supporting a claim for expenses paid. Non-
exhaustive examples include telephone records, correspondence including emails, or receipts. Your
personal certification, declaration, or affidavit does not constitute reasonable documentation but may
be included to provide clarification, context, or support for other submitted reasonable documentation.
You shall not be reimbursed for expenses if you have been reimbursed for the same expenses by another
source, including compensation provided in connection with the credit monitoring and identity theft
protection product offered as part of the notification letter provided by ModMed or otherwise.
If you do not submit reasonable documentation supporting a loss, or if your claim is rejected by the
Settlement Administrator for any reason, and you fail to cure your claim, the claim will be rejected and
will be treated as if you elected Cash Payment B – Alternate Cash.
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CaseID: 9513
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OR
Cash Payment B – Alternate Cash. You may claim a one-time estimated $75.00 cash payment. You do
not have to provide any proof or explanation to claim this payment.
Depending on the total number and total value of Cash Payment claims, your payment may be slightly higher
or lower than the amount you claim.
A full explanation of how this works is provided in Paragraph 71 of the Settlement Agreement, which can be
found at www.ModernizingMedicineDataSettlement.com.
If you have questions about these benefits, you can ask for free help any time by contacting the Settlement
Administrator at:
• Email: [email protected]
• Call toll free, 24/7: (833) 421-7331
• By mail: ModMed Data Incident Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana, CA 92799-9958
8. What claims am I releasing if I stay in the Class?
If you stay in the Settlement Class, you won’t be able to be part of any other lawsuit against ModMed or the
Released Parties related to the Released Claims. The “Releases” section of the Settlement Agreement
(Section XIII) describes the legal claims that you give up if you remain in the Settlement Class. The Settlement
Agreement is available at www.ModernizingMedicineDataSettlement.com.
Submitting a Claim Form for a Settlement Payment
9. How do I submit a claim for a Settlement benefit?
The fastest way to submit your Claim Form is online at www.ModernizingMedicineDataSettlement.com. If you
prefer, you can download a printable Claim Form from the website and mail it to the Settlement Administrator
at:
ModMed Data Incident Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana, CA 92799-9958
You may also contact the Settlement Administrator to request a Claim Form by telephone, toll free, (833)
421-7331, by email [email protected], or by U.S. mail at the address above.
10. Are there any important Settlement payment deadlines?
If you are submitting a Claim Form online, you must do so by November 2, 2026. If you are submitting a claim
by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be
postmarked no later than November 2, 2026.
11. When will the Settlement benefits be issued?
The Court will hold a Final Approval Hearing on November 17, 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.
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CaseID: 9513
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Settlement payments and activation codes for Medical Data Monitoring will be distributed if the Court grants
final approval, and after any appeals are resolved.
The Lawyers Representing You
12. Do I have a lawyer in the case?
Yes, the Court has appointed attorneys Jeff Ostrow of Kopelowitz Ostrow P.A., Mariya Weekes of Milberg
PLLC, and Raina Borrelli of Strauss Borrelli PLLC, to represent you and other Settlement Class Members
(“Class Counsel”).
13. Should I get my own lawyer?
You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your
expense.
14. How will Class Counsel be paid?
Class Counsel will ask the court to approve up to one-third of the Settlement Fund as reasonable attorneys'
fees, plus reimbursement of litigation costs.
Opting Out of the Settlement
15. How do I opt-out of the Settlement?
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 ModMed on your own about the legal issues in this case.
The deadline to exclude yourself from the Settlement is October 19, 2026.
To be valid, your Opt-Out Request must have the following information:
(1) the name of the Litigation: Cavallaro-Kearins v. Modernizing Medicine, Inc., Case No. 9:25-cv-
81443-EA, pending in the United States District Court for the Southern District of Florida;
(2) your full name, mailing address, telephone number, and email address (if any);
(3) personal signature; and
(4) 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 Opt-Out Request to the Settlement Administrator at:
ModMed Data Incident Settlement
ATTN: Exclusion Request
PO Box 25226
Santa Ana, CA 92799-9958
Your Opt-Out Request must be submitted, postmarked, or emailed by October 19, 2026.
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 6 of 9
CaseID: 9513
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Objecting to the Settlement
16. How do I tell the Court if I like or do not like the Settlement?
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:
(1) the objector’s full name, mailing address, telephone number, and email address (if any);
(2) all grounds for the objection, accompanied by any legal support for the objection known to the
objector or objector’s counsel;
(3) the number of times the objector has objected to a class action settlement within the 5 years
preceding the date that the objector files the objection, the caption of each case in which the objector
has made such objection, and a copy of any orders related to or ruling upon the objector’s prior
objections that were issued by the trial and appellate courts in each listed case;
(4) the identity of all counsel (if any) who represent the objector, including any former or current counsel
who may be entitled to compensation for any reason related to the objection to the Settlement and/or
Application for Attorneys’ Fees and Costs, and whether they will appear at the Final Approval Hearing;
(5) the number of times in which the objector’s counsel and/or counsel’s law firm have objected to a
class action settlement within the five years preceding the date of the filed objection, the caption of
each case in which counsel or the firm has made such objection and a copy of any orders related to
or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and
appellate courts in each listed case in which the objector’s counsel and/or counsel’s law firm have
objected to a class action settlement within the preceding five years;
(6) a list of all persons who will be called to testify at the Final Approval Hearing in support of the
objection (if any);
(7) a statement confirming whether the objector and or the objector’s counsel utilized any form of
artificial intelligence in the preparation of the objection;
(8) a statement confirming whether the objector intends to personally appear and/or testify at the Final
Approval Hearing; and
(9) the objector’s signature (an attorney’s signature is not sufficient).
For your objection to be valid, 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 October 19,
2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and
Defendant’s Counsel.
Clerk of the Court Settlement Administrator
Clerk of the Court
ModMed Data Incident Settlement
Paul G. Rogers Federal Building
ATTN: Objections
and U.S. Courthouse
PO Box 25226
701 Clematis Street, Room 202
Santa Ana, CA 92799-9958
West Palm Beach, FL 33401
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 7 of 9
CaseID: 9513
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Class Counsel Defendant’s Counsel
Jeff Ostrow
KOPELOWITZ OSTROW P.A.
One West Las Olas Boulevard, Suite 500
Fort Lauderdale, FL 33301
Mariya Weekes Kristine McAlister Brown
MILBERG, PLLC ALSTON & BIRD LLP
333 SE 2nd Avenue, Suite 2000 1201 West Peachtree Street
Miami, FL 33131 Atlanta, GA 30309
Raina C. Borrelli
STRAUSS BORRELLI PLLC
980 M. Michigan Avenue, Suite 1610
Chicago, IL 60611
17. What is the difference between objecting and opting out?
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.
If you opt-out of the Settlement and also object to the Settlement, regardless of which was submitted first,
you will be deemed to have opted-out and your objection will be overruled.
The Court’s Final Approval Hearing
18. When is the Court’s Final Approval Hearing?
The Court will hold a Final Approval Hearing on November 17, 2026 at 2:30 p.m. Eastern Time, in the United
States District Court for the Southern District of Florida, at Paul G. Rogers Federal Building and U.S.
Courthouse, 701 Clematis Street, West Palm Beach, FL 33401.
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. The Court will also consider any 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
www.ModernizingMedicineDataSettlement.com for updates.
19. Do I have to come to the Final Approval Hearing?
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.
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 8 of 9
CaseID: 9513
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If I Do Nothing
20. What happens if I do nothing at all?
If you do nothing, you will not receive a benefit from this Settlement.
You will also give up the rights described in Question 8.
Getting More Information
21. How do I get more information?
This Notice is a summary of the proposed Settlement. The full Settlement Agreement and other related
documents are available at the Settlement Website, www.ModernizingMedicineDataSettlement.com.
If you have additional questions, you can ask for free help any time by contacting the Settlement
Administrator at:
• Email: [email protected]
• Call toll free, 24/7: (833) 421-7331
• By mail: ModMed Data Incident Settlement
c/o Settlement Administrator
PO Box 25226
Santa Ana, CA 92799-9958
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, United States
District Court for the Southern District of Florida, at Paul G. Rogers Federal Building and U.S. Courthouse,
701 Clematis Street, Room 202, West Palm Beach, FL 33401.
DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING THIS SETTLEMENT
Cavallaro-Kearins v. Modernizing Medicine, Inc. Page 9 of 9
CaseID: 9513
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