Azura Data Settlement

 Gravely, Sr. et al. v. Fresenius Vascular Care, Inc. d/b/a Azura Vascular Care,
No. 2:23-cv-1148 (E.D. Pa.)

If your Personal Information was potentially accessed as a result of the Data Breach involving Azura Vascular Care between September 27, 2023, and October 9, 2023, you may be entitled to benefits from a settlement.

What is this Lawsuit about?

A proposed $3.15 million Settlement arising out of a Data Breach has been reached with Fresenius Vascular Care, Inc. d/b/a Azura Vascular Care (“Azura”). Between September 27, 2023, and October 9, 2023, an unauthorized third party potentially gained access to Class members’ Personal Information. Personal Information could include one or more of the following types of data: names, home addresses, dates of birth, and other demographic and contact information, including emergency contact information, Social Security numbers, drivers’ license and state ID numbers, provider identification numbers, insurance policy and guarantor information, diagnosis and treatment information, and other information from patient medical or billing records.

Who is Included?

Class Members include all natural persons whose Personal Information may have been compromised in the Data Breach, including all persons who were sent notice of the Data Breach.

What does the Settlement Provide?

The Settlement establishes a $3.15 million Settlement Fund to be used to pay for (1) Documented Loss Payments or pro rata Cash Fund Payments; (2) costs of Notice and Administrative Expenses; (3) Service Awards to the Class Representatives; and (4) Fee Award and Costs. If you are a Class Member, you may be able to receive one of the following Settlement Benefits:

• Documented Loss Payment:You may submit a timely and valid Claim Form and provide supporting Reasonable Documentation that you spent money or incurred losses related to the Data Breach for up to $10,000 per person.
  
  Examples of Reasonable Documentation include (but are not limited to): credit card statements, bank statements, invoices, telephone records, screen shots, and receipts. Documented Loss costs cannot be documented solely by a personal certification, declaration, or affidavit from the Claimant; a Class Member must provide supporting documentation.
  
  You will not be reimbursed for expenses if you have been reimbursed for the same expenses by another source, including compensation provided in connection with the credit monitoring and identity theft protection product offered as part of the notice provided by Azura.
• Pro Rata Cash Fund Payment: Instead of selecting a Documented Loss Payment, you may file a claim with no documentation to receive a flat, pro rata Cash Fund Payment.
  
  Your Cash Fund Payment may be subject to a pro rata (a legal term meaning equal share) adjustment increase from the Net Settlement Fund if the amount of Approved Claims is insufficient to exhaust the entire Net Settlement Fund. Similarly, in the event the amount of Approved Claims exhausts the amount of the Net Settlement Fund, the amount of Cash Fund Payments may be reduced pro rata accordingly.
  
  

In addition, Azura has made changes and enhancements to its data and information security posture, at its sole expense, which are designed to strengthen Azura’s data and information security.

How to make a claim for Settlement Benefits?

You must complete and file a Claim Form online or by mail postmarked by June 30, 2025, including required Reasonable Documentation if you choose a Documented Loss Payment.

If you are a Class Member, you have the following options:

YOUR LEGAL RIGHTS AND OPTIONS IN THIS LAWSUIT
ACTION	EXPLANATION	DUE DATE
FILE A CLAIM FORM	Submitting a timely and valid Claim Form is the only way that you can receive Settlement Benefits. If you submit a Claim Form, you will give up the right to sue Azura and the Released Parties in a separate lawsuit about the legal claims this Settlement resolves.	SUBMITTED OR POSTMARKED BY: June 30, 2025
EXCLUDE YOURSELF FROM THIS SETTLEMENT	This is the only option that allows you to sue, continue to sue, or be part of another lawsuit against Azura and the Released Parties, for the legal claims this Settlement resolves. If you exclude yourself, you will give up the right to receive any Settlement Benefits from this Settlement.	POSTMARKED BY: May 30, 2025
OBJECT TO OR COMMENT ON THE SETTLEMENT	You may object to the Settlement by writing to the Court and informing it why you do not think the Settlement should be approved. You can also write the Court to provide comments or reasons why you support the Settlement. You will still be bound by the Settlement if it is approved, and you will not be allowed to exclude yourself from the Settlement. If you object, you may also file a Claim Form to receive Settlement Benefits, but you will give up the right to sue Azura and the Released Parties in a separate lawsuit about the legal claims this Settlement resolves.	POSTMARKED BY: May 30, 2025
GO TO THE “FINAL APPROVAL”	You may attend the Final Approval Hearing where the Court may hear arguments concerning approval of the Settlement. If you wish to speak at the Final Approval Hearing, you must make a request to do so in your written objection or comment. You are not required to attend the Final Approval Hearing.	HEARING DATE: June 16, 2025

To understand all your options and how your rights will be affected, as well as the deadlines for action on your part, please read the Long Form Notice.

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

The Court will hold a Final Approval Hearing on June 16, 2025, at 11:00 a.m. before the Honorable Michael M. Baylson of the United States District Court for the Eastern District of Pennsylvania, 3810 U.S. Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106, Courtroom 3-A to consider: whether to approve the Settlement, Service Awards, Fee Award and Costs, as well as any objections. You or your attorney may request to appear at the hearing, but you are not required to do so. The hearing may be held remotely, so please check the settlement website for those details.

The hearing may be continued to a future date or time without notice, so continue to visit this website for Settlement updates.