Mason LLP and Milberg Coleman Bryson Phillips Grossman, PLLC, have been provisionally appointed as Settlement Class Counsel in a class action lawsuit involving Daniel Green and EmergeOrtho, P.A. The provisional designation comes after the court recognized both law firms as experienced and adequately prepared to handle the case, underscoring their capacity to represent the interests of the settlement class effectively.
The case against EmergeOrtho, P.A.
In the case of Daniel Green v. EmergeOrtho, P.A., filed in the Superior Court Division of North Carolina, Chief Business Court Judge Louis A. Bledsoe, III, granted an unopposed motion for preliminary approval of a class action settlement on February 23, 2024.
The litigation stemmed from allegations by Daniel Green, on behalf of approximately 72,500 potential class members, against EmergeOrtho, P.A., concerning a data breach that reportedly involved unauthorized access and exfiltration of sensitive personal and medical information. The claims against EmergeOrtho included:
- Negligence
- Invasion of privacy
- Breach of fiduciary duty
- Breach of implied contract
- Violations of North Carolina’s Unfair and Deceptive Trade Practices Act
- Unjust enrichment
Following negotiations, both parties reached a settlement agreement outlining the dismissal of claims with prejudice, subject to court approval regarding its fairness, reasonableness, and adequacy.
The court’s order details the preliminary approval of the class action settlement, including class certification for settlement purposes, appointment of class representatives and counsel, and approval of the settlement’s terms.
A final approval hearing is scheduled for June 11, 2024, to assess the settlement’s fairness and adequacy further.
Upcoming Hearing
The June 11 Final Approval Hearing for the class action lawsuit involving Daniel Green and EmergeOrtho, P.A. is set to address several key issues:
- The court will decide on the final certification of the lawsuit as a class action specifically for settlement.
- It will evaluate the proposed settlement to determine its fairness, reasonableness, and adequacy for the Settlement Class and whether it should be approved.
- The possibility of entering a Final Approval Order per the Settlement Agreement will be considered.
- The court will deliberate on dismissing the litigation with prejudice in line with the settlement terms.
- A decision will be made regarding binding the Settlement Class Members, except those who have submitted valid exclusion requests, to the Settlement Agreement’s Release.
- The Notice Plan’s adequacy will be assessed to ensure it adequately informed potential class members about the settlement.
- The claims process will be reviewed to verify its fairness, reasonableness, and adequacy in compensating class members.
- Mason LLP and Milberg Coleman Bryson Phillips Grossman, PLLC will be confirmed as Class Counsel, recognizing their roles in representing the Settlement Class effectively.
These steps are integral to concluding the settlement process, ensuring that all terms are just and that the rights of all parties are considered and upheld.
