Frank Eye Center Data Breach

The Lyon Firm is actively involved in class action personal privacy and data theft cases and is currently investigating Frank Eye Center data breach claims on behalf of plaintiffs in Kansas and nationwide.

There is a growing list of ophthalmology practices, and currently 348,000 individuals, affected by a hacking incident at the electronic health records vendor Eye Care Leaders (ECL). More details about the December 2021 attack are emerging, related to the Frank Eye customer data theft.

Several vision care practices around the country have reported data breaches involving the ECL incident. The Department of Health and Human Services’ Office for Civil Rights’ HIPAA Breach Reporting Tool website indicates more data breach reports filed by vision practices, related to the ECL security incident, including:

• Frank Eye Center in Kansas – 26,333 individuals
• Ilumin (Arkfeld, Parson & Goldstein) in Nebraska – nearly 15,000 individuals
• Northern Eye Care Associates in Michigan – 8,000 individuals
• Ad Astra Eye LLC in Kansas – 3,700 individuals
• Summit Eye in Tennessee – over 50,000 individuals
• Regional Eye Associates Inc. & Surgical Eye Center in Morgantown, West Virginia – 194,035 individuals
• Texas Tech University – 1.2 million individuals

What Information was Involved?

Compromised information in data security incidents often include the following:

• Name
• Address
• Social Security number
• Driver’s license number
• Passport number
• Medical information
• Health insurance information
• Financial information and bank account numbers

Joe Lyon is a highly-rated data breach lawyer and Privacy Attorney representing plaintiffs nationwide in class action security breach lawsuits.

Can You Sue following the Frank Eye Center Data Breach?

Entities that collect and store data have a duty to protect personal information to the best of their ability. When they are negligent, and a data theft incident occurs, they may be liable for the following:

• Improperly monitoring data security systems for existing intrusions
• Not ensuring that vendors with access to computer systems and data employ reasonable security procedures
• Improperly training employees in handling emails containing personal data and maintain adequate email security practices
• Failure to implement technical policies and procedures to allow electronic data access only to individuals or software programs granted access rights
• Failure to implement procedures to review records of information system activity regularly, such as audit logs, access reports and security incident tracking reports
• Improperly protecting against reasonably anticipated threats or hazards to the security or integrity of stored data

An experienced class action privacy attorney can determine if you are eligible to file a data breach lawsuit or join a class of plaintiffs. Lawyers investigating the matter can assist in determining the following:

• Did Frank Eye Center fail to adopt security safeguards that would have prevented a breach?
• Did Frank Eye notify customers as soon as it learned of the incident?
• Did Frank Eye provide a complete list of all individuals impacted?
• Did Frank Eye Center provide security in line with industry standards?

The HIPAA Breach Notification Rule calls for data breach notifications to be issued to the Secretary of the Health and Human Services “without unnecessary delay.” No later than 60 days after the date of discovery of a data breach, healthcare entities have a duty to alert the government and begin preparing to alert the public.

Consumer privacy attorneys say there has been a trend for HIPAA-regulated entities to wait as long as possible before alerting affected individuals, a practice that place consumers at a higher risk of identity theft and fraud.

In many cases, data breach notifications have been sent out many months after a security breach incident was detected. There may be valid reasons for a delay in reporting, though in some cases this institutes a severe disservice to those impacted by a data theft event.

Delays to individual data theft notifications could mean individuals’ Personal Health Information (PHI) has been in the hands of criminals for many months before they are even aware about the data theft.

Privacy lawyers claim promptly sending out individual data breach notification letters and being transparent about the fraud risk for individuals is not only ethical, but the only way to avoid stiff penalties.

The HHS has made it clear that if healthcare entities do not comply with the 60 day rule from the date of data breach discovery, they may be liable for notification violations.

What Should You Do Following the Frank Eye Data Breach?

Regardless of the reason for a security breach, victims have the right to file a claim against a company for failing to protect their information. All companies and organizations must exercise reasonable care in protecting patient information, and if they do not, they can be held liable for the damages that result, including identity theft.

Security breach plaintiffs and privacy attorneys representing plaintiffs have been able to settle multi-million dollar recoveries. If you or a loved one has received notice of an online security incident affecting you, or suspect signs of identity theft, contact a data theft lawyer for a free consultation.

Individuals can be ruined financially and emotionally, and deserve proper online security measures. But many companies and hospitals violate privacy laws and consumer rights, and thus face class action lawsuits.

After a data breach turns your life upside down, remember that you are not the only victim. There are millions of Americans who suffer from data privacy events every year, and in turn, seek legal action for compensation and to hold companies accountable for negligent security systems.

If you want more information on current data security litigation and how to file a data theft class action lawsuit, contact The Lyon Firm for a free and confidential Frank Eye Center and Eye Care Leaders data breach case review.