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Excelsior Orthopaedics and Buffalo Surgery Center agreed to pay $2.4 million to resolve claims from a June 2024 data breach affecting patient information.
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Individuals whose personal information was potentially accessed in the June 2024 data breach at Excelsior Orthopaedics or Buffalo Surgery Center.
Documentation of losses required for reimbursement claims (e.g., receipts, telephone records, correspondence); no proof needed for pro rata cash payment.
Settlement Amount
$2.4M
Claim Form Deadline
06/11/2026
Exclusion Deadline (Opt-Out)
05/17/2026
Final Approval Hearing
07/08/2026
In June 2024, Excelsior Orthopaedics and Buffalo Surgery Center — orthopaedic practices based in Buffalo, New York — experienced a data breach that potentially exposed the personal information of patients. A class action lawsuit alleged that the companies failed to implement reasonable cybersecurity measures that could have prevented the breach, leaving sensitive patient data vulnerable to unauthorized access.
While Excelsior Orthopaedics and Buffalo Surgery Center have not admitted any wrongdoing, they agreed to a $2.4 million class action settlement to resolve the claims. The settlement provides cash compensation for affected individuals who suffered losses related to the breach, as well as a pro rata payment option for those without documented expenses.
In addition to monetary compensation, all eligible class members can receive two years of free credit monitoring services. Activation codes for the credit monitoring are included in the mailed settlement notices sent to class members.
Class members can claim up to $5,000 in reimbursement for documented out-of-pocket losses related to the data breach, including bank fees, communication charges, credit-related expenses, and travel costs. Documentation such as receipts, telephone records, or correspondence is required for reimbursement claims.
Class members who do not have documented losses can still receive a pro rata cash payment — a proportional share of the remaining settlement fund divided among all valid claimants. All eligible class members are also entitled to two years of free credit monitoring services.
Case: Szucs, et al. v. Excelsior Orthopaedics LLP, et al., Case No. 812753/2024
Court: Supreme Court of the State of New York, County of Erie
Claim Deadline: June 11, 2026
Opt-Out Deadline: May 17, 2026
Final Hearing: July 8, 2026
Settlement Website: ExcelsiorDataSettlement.com
Think you might have a case? If you believe you've been affected by a similar situation, browse our list of Class Action Lawsuits and Open Class Action Settlements you may be able to join!
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