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. If approved by the Court, the Class Representatives will each receive a Service Award of up to $2,500 to compensate them for their services and efforts in bringing the Action. The Court will make the final decision as to the amount, if any, to be paid to the Class Representatives.

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 will apply to the Court for a Fee Award and Expenses not to exceed one-third of the total Settlement Fund (or $166,666.67) for fees in prosecuting the litigation plus reasonable litigation expenses. A copy of Class Counsel’s Fee and Expense Application and Service Award for Class Representatives will be posted on this Settlement Website before the Final Approval Hearing. The Court will make the final decisions as to the amounts to be paid to Class Counsel and may award less than the amount requested by Class Counsel.

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

The Court will hold the Final Approval Hearing on February 9, 2026, at 10 a.m. ET at the North Carolina Business Court, 1965 Wake Forest Road, Room 3205, Winston-Salem, North Carolina 27109. The hearing may be moved to a different date, time, or location without additional notice, so it is recommended that you periodically check this Settlement Website for updated information.

At the hearing, the Court will consider whether the proposed Settlement is fair, reasonable, adequate, and in the best interests of Class Members, and if it should be finally approved. If there are valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if the request was made properly. The Court will also consider the Fee Award and Expenses to Class Counsel and the request for a Service Award to the Class Representatives.

Do I have to come to the hearing?

No. You are not required to come to the Final Approval Hearing. However, you are welcome to attend the hearing at your own expense.

If you submit an objection, you do not have to come to the hearing to talk about it. If your objection was submitted properly and on time, the Court will consider it. You also may pay your own lawyer to attend the Final Approval Hearing, but that is not necessary. However, you must follow the requirements for making objections in FAQ 12, including the requirements for making appearances at the hearing.

May I speak at the hearing?

Yes. You can speak at the Final Approval Hearing, but you must ask the Court for permission. To request permission to speak, you must file an objection according to the instructions in FAQ 12, including all the information required for you to make an appearance at the hearing. You cannot speak at the hearing if you exclude yourself from the Settlement.

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.