Health Law Highlights

Ernest Health Sued Over 2024 Ransomware Attack and Data Breach

Summary of article from The HIPAA Journal, by Steve Adler:

Ernest Health, a Texas-based health system, is facing a lawsuit following a cyberattack that compromised the protected health information of approximately 94,747 patients. The breach, claimed by the LockBit ransomware group, occurred between January 16, 2024, and February 4, 2024, leading to unauthorized access to sensitive patient data. The lawsuit, filed by Joe Lara and Lauri Cook, alleges that Ernest Health had insufficient cybersecurity measures and training, resulting in the inability to prevent or effectively respond to the breach. The plaintiffs claim that the 73-day delay in individual notifications hindered their ability to mitigate damages and that the response measures, including credit monitoring and identity theft protection, were inadequate. The lawsuit seeks a jury trial, various forms of relief, and damages, alleging negligence, breach of implied contract, invasion of privacy, unjust enrichment, and breach of fiduciary duty.