Excelsior Data Incident Settlement

A Court authorized the Notice because you have the right to know about the Settlement of this Action and about all your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the Action, the Settlement, your legal rights, what Settlement Benefits are available, who is eligible for the Settlement Benefits, and how to get them.

The Honorable Catherine Nugent Panepinto of the Supreme Court of the State of New York, Erie County, is overseeing this Action. The Action is known as Szucs et al. v. Excelsior Orthopaedics, LLP et al., Index No. 812753/2024. The individuals who filed this Action are called the “Plaintiffs” and/or “Class Representatives” and the companies sued, Excelsior Orthopaedics, LLP, Buffalo Surgery Center, LLC, are called the “Defendants.”

The Plaintiffs filed this Action against Defendants on behalf of themselves and all others similarly situated 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.

Excelsior and BSC have reached a $2,400,000.00 settlement in the Action.

Defendants deny the legal claims and deny any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendants, or that any law has been violated. Instead, the Plaintiffs and Defendants have agreed to a Settlement to avoid the risk, cost, and time of continuing the Action.

The Plaintiffs and Defendants do not agree about the legal claims made in this Action. The Action has not gone to trial, and the Court has not decided in favor of the Plaintiffs or Defendants. Instead, the Plaintiffs and Defendants have agreed to settle the Action. The Class Representatives, Defendants, and their lawyers believe the Settlement is best for the Settlement Class because of the Settlement Benefits available and the risks and uncertainty associated with continuing the Action.

In a class action, one or more people (called class representatives) sue on behalf of all people who they allege have similar legal claims. Together, after a court grants certification, all these people are called a class or class members. One court resolves the issues for all class members, except for those class members who timely excluded themselves (opted-out) from the class.

You are included in the Settlement Class if you are a living natural person who is a resident of the United States and your Personal Information was potentially accessible as a result of the Incident, including those who received notice of the Incident.

Yes. Excluded from the Settlement Class are (1) the Judges presiding over the Action and members of their families; (2) Defendants and their officers and directors; (3) AMKAI, LLC d/b/a Surgical Information Systems and its officers and directors; (4) natural persons who properly executed and submitted a Request for Exclusion prior to the expiration of the Opt-Out Period; and (5) the successors or assigns of any such excluded natural person.

If you are still not sure whether you are a Settlement Class Member, you may call toll-free 1-877-327-7791.

If you are a Settlement Class Member, you could have submitted a Claim Form for the following Settlement Benefits:

Documented Loss Payment

You could have submitted a Claim Form and provided reasonable documentation for losses related to the Incident for up to $5,000.00 per Settlement Class Member.

Examples of expenses incurred as a result of the Incident include (without limitation) bank fees, long distance phone charges, cell phone charges (only charged by the minute), data charges (only if charged based on the amount of data used), postage, gasoline for local travel and fees for credit reports, credit monitoring, or other identity theft insurance products purchased.

Examples of reasonable documentation include (but are not limited to) telephone records, correspondence including emails, or receipts.

If you did not submit reasonable documentation supporting a loss, or if your Claim Form was invalid as determined by the Settlement Administrator and you do not cure your Claim Form, your Claim Form will be processed as a Cash Fund Payment.

Cash Fund Payment

Instead of a Documented Loss Payment, without providing documentation, you could have submitted a Claim Form to receive a pro rata (a legal term meaning equal share) cash payment.

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.

Credit Monitoring

Without submitting a Claim Form, you received an activation code for two years of free Credit Monitoring services with three credit bureaus. Credit Monitoring activation codes are located on your Settlement Notice. Please keep your notice, as you will only be able to activate free Credit Monitoring after the final Settlement approval.

After final approval, visit this Settlement Website or call toll-free 1-877-327-7791 for instructions on how to activate your Credit Monitoring code.

Any residual funds remaining in the Net Settlement Fund after distribution of the Settlement Benefits will be issued to the Non-Profit Residual Recipient, Electronic Frontier Foundation, a 501(c)(3) non-profit third-party recipient.

Equitable Relief

Defendants have spent an estimated $600,000.00 to implement certain changes to their information security practices following the Incident, which is separate and apart from the $2,400,000.00 Settlement Fund.

Unless you submitted a Request for Exclusion (opt-out), you will remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Settling Parties about the Released Claims in this Action. The specific rights you are giving up are called “Released Claims.”

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.

Section 5 of the Settlement Agreement describes the Release, Released Claims, and Released Settling Parties, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Release, Released Claims, or Released Settling Parties and what the language in the Settlement Agreement means, you can also contact Class Counsel for free, or you can talk to your own lawyer at your own expense.

The deadline to file a claim has passed on June 11, 2026. We are no longer accepting submissions.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by writing to the following address:

Settlement Benefits will be provided after the Settlement is approved by the Court and becomes final. You had to file a timely and valid Claim Form to receive a cash payment. To enroll in Credit Monitoring, after final approval, visit this Settlement Website or call toll-free 1-877-327-7791 for instructions on how to activate your Credit Monitoring code. The Credit Monitoring activation code is located on your Settlement Notice.

It may take time for the Settlement to be approved and become final. Please be patient and periodically check this Settlement Website for updates.

The deadline to opt out the Settlement passed on May 17, 2026, and is no longer a possibility.

No. If you opted-out, you will not be able to receive Settlement Benefits, and you will not be bound by the Settlement or any judgments in this Action. You can only get Settlement Benefits if you stay in the Settlement. You must have submitted a timely and valid Claim Form to receive a cash payment. You did not need to submit a Claim Form to receive your free Credit Monitoring services, but you must remain in the Settlement Class.

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.

No. Unless you opted-out, you give up any right to sue any of the Released Settling Parties for the legal claims this Settlement resolves and Releases, and you will be bound by all the terms of the Settlement, proceedings, orders, and judgments in the Action. You must have opted-out of this Action to start or continue your own lawsuit or be part of any other lawsuit against the Released Settling Parties about the Released Claims in this Settlement.

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 deadline to object to the Settlement passed on May 17, 2026, and is no longer a possibility.

Objecting is simply telling the Court that you do not like something about the Settlement. You could object only if you stay in the Settlement Class. Opting-out is telling the Court that you did not want to be part of the Settlement Class. If you opted-out, you cannot object because you are no longer part of the Settlement.

Yes. The Court has appointed Andrew W. Ferich of Ahdoot & Wolfson, PC, Arturo Peña of Sterlington PLLC, and Tyler J. Bean of Siri & Glimstad LLP as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost if you want someone other than Class Counsel to represent you in this Action.

Class Counsel will file a motion asking the Court to award the attorneys’ fees of up to one-third (1/3) of the Settlement Fund, plus reimbursement of litigation expenses and costs. Class Counsel will also ask the Court to approve Service Awards for the Class Representatives of up to $2,500.00 each for their efforts. If awarded by the Court, the attorneys’ fees and costs, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

The Court will hold a Final Approval Hearing on July 2, 2026, at 9:30 a.m. ET before the Honorable Catherine Nugent Panepinto at the Erie County Court Building, 25 Delaware Ave, Buffalo, NY 14202. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, attorneys’ fees and costs, and Service Awards.

Note: The date and time of the Final Approval Hearing are subject to change without further notice to the Settlement Class. The Court may also decide to hold the hearing via video conference or by telephone. You should check this Settlement Website to confirm the date and time of the Final Approval Hearing have not changed.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you filed an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you filed your written objection by the deadline, the Court will consider it.

If there are objections that were filed by the deadline, the Court will consider them. If you file a timely objection, and you (or your lawyer) ask to speak at the hearing, the Court may hear objections at the hearing.

Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information by calling toll-free 1-877-327-7791, or by writing to the following address:

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT CLERK’S OFFICE REGARDING THE NOTICE.