Coastal Orthopedics Data Breach: Patients File Class Action Lawsuit

A class action lawsuit has been filed against Coastal Orthopedics & Sports Medicine alleging negligence in a data breach that exposed the personal and medical information of over 200,000 patients.

Consumers Affected: Patients whose personal and medical information was allegedly compromised in the Coastal Orthopedics data breach.

Court: U.S. District Court Middle District of Florida, Tampa Division.

In the latest in a slew of lawsuits stemming from data breaches at health organizations, Coastal Orthopedics & Sports Medicine of Southwest Florida has been accused by patients of failing to secure their personal information resulting in a data breach where thousands of patients had their names, Social Security numbers, dates of birth, health insurance information, and medical information stolen . 

Alleged Negligence at Coastal Orthopedics Leads to Patient Data Theft

Vikki Comarsh-White filed the proposed class action lawsuit against Coastal Orthopedics accusing the orthopedics, sports medicine, and physical therapy company of negligence, breach of contract, and violations of state trade laws. 

Comarsh-White said she was a patient at Coastal Orthopedics, and had shared all her personal data with the company with the understanding they would keep it safe and secure. 

However, in June 2023 a data breach led to the personal information of more than 203,427 patients, including Comarsh-White, being stolen, the lawsuit claims. As well as not properly securing patients' sensitive and valuable private information, Comarsh-White alleges Coastal Orthopedics' serious delay in alerting them about the breach led to further damages. 

The breach wasn’t reported to the U.S. Department of Health and Human Services until August and patients weren’t alerted until June this year, the lawsuit states. 

“The [personal identifiable information] were compromised due to Defendant’s negligent and/or careless acts and omissions and the failure to protect the [personal identifiable information] of Plaintiff and Class Members,” the lawsuit states.

Plaintiffs Claim Data Breach Leaves Them at Risk of Identity Theft and Fraud

The primary risk associated with data breaches is identity theft, and that often happens when peoples’ personal information is stolen and sold on the dark web. As the lawsuit states, patients affected by the breach “now face a lifetime risk of identity theft, which is heightened here by the loss of Social Security numbers, and the sharing and detrimental use of their confidential medical information.”

The patients now also have to face out-of-pocket expenses associated with identity theft, tax fraud, and unauthorized use of their information; lost opportunity costs, especially lost time; the disclosure of their private information, including medical information, and the continued and certainly increased risk to their data, the lawsuit states. 

The threat comes down to Coastal Orthopedics’ “intentionally, willfully, recklessly, or negligently failing to take and implement adequate and reasonable measures” to protect patient data, the lawsuit alleges.

Healthcare Data Breaches on the Rise, Triggering Wave of Litigation

Recently, there has been a spate of consumer lawsuits over data breaches at healthcare organizations. SouthCoast Medical Group was hit with a class action lawsuit accusing it of negligence in a data breach that exposed patients' personal and medical information, allegedly leading to identity theft and fraud, and Henry Ford Health was also recently hit with a class action lawsuit alleging it unlawfully discloses patients' confidential information to third parties, including Facebook and Google without patient consent. 

Meanwhile, nonprofit provider of outpatient mental and physical healthcare services Justice Resource Institute Inc. (JRI) has been hit with a class action lawsuit alleging it’s responsible for a major data breach that exposed a woman’s sensitive health information, and the information of other patients.

In one of the most significant breaches of the year, Change healthcare suffered major issues after a February breach that has resulted in at least 50 lawsuits.

In the Coastal Orthopedics data breach class action lawsuit, Comarsh-White wants to represent affected people from across the country and she is seeking injunctive relief, damages, fees, and costs. 

Case Details

• Lawsuit: Comarsh-White v. Coastal Orthopedics & Sports Medicine Of Southwest Florida, P.A., 
• Case Number:  8:24-Cv-01707-Kkm-Spf  
• Court: U.S. District Court Middle District of Florida, Tampa Division 

Plaintiffs' Attorneys

• Patrick A. Barthle (Morgan & Morgan Complex Litigation Group)
• Ryan D. Maxey (Maxey Law Firm, P.A.)

Have you or someone you know been affected by a similar data breach at a healthcare provider? Share your story in the comments below.