Excelsior Incident Settlement

The Final Approval Hearing has been moved from July 8, 2026 to July 2, 2026 at 9:30am ET.

If your Personal Information was potentially accessible as a result of the Incident involving Excelsior Orthopaedics, LLP and Buffalo Surgery Center, LLC, discovered on or about June 24, 2024, you may be entitled to Benefits from a Settlement.

A Settlement has been reached in a class action lawsuit (the “Action”) against Excelsior Orthopaedics, LLP (“Excelsior”) and Buffalo Surgery Center, LLC (“BSC”) (together, “Defendants”) regarding a network incident during which cybercriminals gained unauthorized access to Defendants’ network systems, discovered on or about June 24, 2024, and resulting in the unauthorized access to certain files that may have contained Settlement Class Members’ Personal Information (the “Incident”). The Personal Information involved includes, but is not limited to names, Social Security numbers, driver’s license numbers, state identification numbers, passport numbers, dates of birth, biometric information, diagnosis, financial account information, health insurance information, health information, and prescription information.

Your decision to remain in the Settlement Class or to exclude yourself will not affect your rights or your ability to participate in any future settlement with any non-settling defendant.

The Settlement Class includes all living natural persons who are residents of the United States whose Personal Information was potentially accessible as a result of the Incident, including all persons who received notice of the Incident.

If you are a Settlement Class Member, you can submit a Claim Form for the following Settlement Benefits:

Documented Loss Payment: You may submit a Claim Form and provide reasonable documentation for losses related to the Incident for up to $5,000.00 per Settlement Class Member; OR

Cash Fund Payment: Instead of a Documented Loss Payment, without providing documentation, you may submit a Claim Form to receive a pro rata (a legal term meaning equal share) cash payment;

AND

Credit Monitoring: Without submitting a Claim Form, you will receive an activation code for two years of free Credit Monitoring services with three credit bureaus. The Credit Monitoring activation code is located on your Settlement Notice and can be activated after final Settlement approval.

If the total amount of approved Documented Loss Payments exceeds the Net Settlement Fund, there will be no Cash Fund Payments, and the Documented Loss Payments will be subject to a pro rata (a legal term meaning equal share) decrease.

Equitable Relief: Defendants are implementing additional security measures following the Incident.

Your Legal Rights and Options

Rights and Options		Deadline
Submit a Claim Form	To receive a cash payment (Documented Loss Payment or Cash Fund Payment), you must submit a timely and valid Claim Form. You do not need to submit a Claim Form to receive Credit Monitoring.	Submitted or Postmarked by: June 11, 2026
Exclude Yourself	Get no Settlement Benefits. Keep your right to file your own lawsuit against the Released Settling Parties about the Released Claims released by the Settlement in this Action.	Must have been Postmarked by: May 17, 2026
Object to the Settlement	Stay in the Settlement but tell the Court why you do not agree with the Settlement. You will still be bound by the Settlement if the Court approves it.	Must have been filed by: May 17, 2026
Do Nothing	Get no cash payment. Receive Credit Monitoring activation code. Give up your legal rights.

These rights and options—and the deadlines to exercise them—are explained in the Notice.

The Court must decide whether to approve the Settlement, Class Counsel’s Fee Award and Costs, and Service Awards. No Settlement Benefits will be provided unless the Court finally approves the Settlement.