Asheville Arthritis Data Breach

How do I know if I am affected by the litigation and Settlement?

You are a Class Member if Defendant sent you notification that you were affected by the Data Incident.

The Class specifically excludes (a) all persons who are employees, directors, officers, and agents of Defendant; (b) governmental entities; and (c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff.

What is this case about?

This case is known as Stiwinter, et al. v. Asheville Arthritis and Osteoporosis Center, P.A., Case No. 24 CVS 208570-100, filed in Buncombe County, North Carolina and transferred to North Carolina Business Court.

Plaintiffs filed a lawsuit against Defendant, individually, and on behalf of anyone who received a notice letter informing them of the Data Incident.

This litigation arises out of a Data Incident and alleges that in or around May of 2024, Defendant became aware of a Data Incident impacting certain company systems. The Data Incident was found to have compromised the private and personally identifying information stored in Defendant’s files, including patients’ names, addresses, dates of birth, telephone numbers, Social Security numbers, and certain medical information such as medical notes, lab results, diagnoses, and health insurance information. Roughly 58,000 people were impacted as a result of this Data Incident. Defendant disputes Plaintiffs’ claims and denies any wrongdoing.

Why is there a settlement?

By agreeing to settle, the Parties desire to settle the Action and all claims arising out of or related to the allegations or subject matter of the Amended Class Action Complaint on the terms and conditions set forth herein for the purpose of avoiding the burden, expense, risk, and uncertainty of continuing to litigate the Action. The Class Representatives, Defendant, and their attorneys believe the proposed Settlement is fair, reasonable, and adequate and, thus, in the best interests for Class Members. The Court did not decide in favor of the Plaintiffs or Defendant. Full details about the proposed Settlement are found in the Settlement Agreement.

Why is this class action?

In a class action, one or more people called “Class Representatives” sue on behalf of all people who have similar claims. All of these people together are the “Class” or “Class Members.”

How do I know if I am included in the Settlement?

You are included in the Class if you are an individual identified on the Class List whose certain Private Information may have been involved in the Data Incident and who does not timely elect to be excluded from the Class.

What does this Settlement provide?

The proposed Settlement will provide the following benefits to Class Members:

• Cash Payment A - Compensation for Documented Losses: All Class Members are eligible to recover compensation for up to $5,000 per person for Out-of-Pocket Losses incurred as a result of the Data Incident, including unreimbursed losses relating to fraud or identity theft; professional fees, including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after the Data Incident through the date of the Claims Deadline; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
• Cash Payment B - Pro Rata Alternative Cash Payment: All Class Members may, as an alternative to Cash Payment A, make a Claim for a pro rata cash payment from the Settlement Fund. The amount of the pro rata cash payment is estimated to be $100 per claimant. This amount of the cash payment may increase or decrease based upon the number of Claims approved. The pro rata Alternative Cash Payments will evenly distribute the net amount of the $500,000 Settlement Fund, after payment of all approved Claims for Documented Losses, Settlement Administration Costs, and any award of attorneys’ fees and expenses, and Service Awards.
• Credit Monitoring Services: Settlement Class Members shall be offered an opportunity to enroll in 2 years of one bureau credit monitoring services provided through Epiq.

How do I get my settlement award?

You must file a Claim Form to get cash compensation or reimbursement from Settlement Fund under the proposed Settlement.

The Claims Deadline was January 26, 2026. Claim Forms are no longer being accepted.

In return for these Settlement Class Member Benefits, what am I giving up?

If you stay in the Class, you will be eligible to receive benefits, but you will not be able to sue Defendant or any entity which is controlled by, controlling or under common control with Defendant and their past, present, and future direct and indirect heirs, assigns, associates, corporations, investors, owners, parents, subsidiaries, affiliates, divisions, officers, directors, shareholders, Members, agents, servants, employees, partners, attorneys, insurers, reinsurers, benefit plans, predecessors, successors, managers, administrators, executors, and trustees (collectively, the “Released Parties”) regarding the claims in this case.

The only way to keep the right to sue is to exclude yourself (see FAQ 10), otherwise you will be included in the Class, and, if the Settlement is approved, you give up the right to sue for the claims in this case.

Will the Class Representatives receive compensation?

Yes, each Class Representative received a Service Award of $2,500 to compensate them for their services and efforts in bringing the Action, which was paid out of the Settlement Fund by the Settlement Administrator.

How do I exclude myself from this Settlement?

The deadline to exclude yourself from the Settlement was January 26, 2026. Requests for Exclusion are no longer being accepted.

If I do not exclude myself, can I sue later?

No. If you do not exclude yourself from the Settlement, and the Settlement is approved by the Court, you forever give up the right to sue the Released Parties for the claims this Settlement resolves.

How do I tell the Court that I do not like the Settlement?

The deadline to object to the Settlement was January 26, 2026. Objections are no longer being accepted.

What is the difference between objecting and asking to be excluded?

Objecting is simply telling the Court that you don’t like something about the Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you don’t want to be part of the Class. If you exclude yourself, you have no basis to object because the Settlement no longer affects you.

What happens if I do nothing at all?

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any money or reimbursement from the Settlement, you will not be able to start or proceed with a lawsuit or be part of any other lawsuit against the Released Parties (listed in FAQ 8) about the settled claims in this case at any time.

Do I have a lawyer in the case?

Yes. The Court has appointed Kenneth Grunfeld of Kopelowitz Ostrow P.A. and Tyler J. Bean of Siri & Glimstad LLP (called “Class Counsel”) to represent the interests of all Settlement Class Members in this case. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

How will the lawyers be paid?

Class Counsel applied to the Court for an award of attorneys’ fees and costs to compensate them for their legal services and expenses incurred in this matter as well as $2,500 Service Awards to each of the two Class Representatives. The Court approved the fee award of $145,029.83, inclusive of expenses and costs, which was paid out of the Settlement Fund by the Settlement Administrator.

When and where will the Court decide whether to approve the Settlement?

The Court held the Final Approval Hearing on February 9, 2026.

The Court considered the Settlement fair, reasonable, and adequate and decided to approve the Settlement as well as attorneys’ fees and expenses and the Class Representative Service Awards.

The Court issued the Final Approval Order on April 13, 2026, which can be found in the Documents section of this website.

Can I dispute the amount of my Settlement payment?

The amount of your Settlement payment is final and represents the amount to which you were entitled under the terms of the Settlement Agreement.

For more details, please visit the Important Documents page of this website.

How do I get more information about this Settlement?

If you want additional information about this Litigation - including a copy of the Settlement Agreement, the Amended Class Action Complaint, the Court’s Preliminary Approval Order, Class Counsel’s Application for Fee and Expense Application when available, and Service Award for Class Representatives, and more - please visit the Documents page of this Settlement Website or call +1 877-934-6987. You may also contact the Settlement Administrator Epiq Class Action & Claims Solutions, Inc. at Asheville Arthritis Data Breach Settlement Administrator c/o Epiq, PO Box 6075, Portland, OR 97228-6075 or email info@ArthritisDataBreach.com.