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FLORIDA RECORD

Friday, November 8, 2024

Class action suit filed against Bay Area Heart Center over compromised data

State Court
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In a recent class action complaint, Norman Fischer has filed a lawsuit against Bay Area Heart Center and Bowden Barlow Law, P.A., alleging negligence and inadequate data security measures that led to a significant data breach. The complaint was filed on May 29, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida.

The lawsuit stems from a cyberattack on Bowden Barlow Law's network that resulted in unauthorized access to sensitive patient information. This breach affected approximately 11,000 individuals, including Fischer and other class members. The compromised data includes names, Social Security numbers, dates of birth, driver’s license numbers, passports, direct deposit bank information, medical treatment plans, and insurance information.

According to the complaint, the defendants failed to adequately safeguard this private information despite being aware of the risks associated with cyberattacks. The plaintiff alleges that the defendants' computer systems were vulnerable due to negligent maintenance and monitoring practices. "Defendants maintained the Private Information in a negligent and/or reckless manner," states the complaint. Furthermore, it is claimed that Bowden Barlow Law did not properly monitor its IT systems for potential breaches.

Fischer argues that as a result of this breach, he and other class members have suffered losses including out-of-pocket expenses for mitigating the effects of identity theft and emotional distress. They are also at an increased risk of future harm due to their compromised personal information now being in the hands of cybercriminals.

The plaintiffs are seeking various forms of relief from the court. These include compensatory damages for their losses, treble damages (which are triple the amount of actual damages), punitive damages intended to punish particularly egregious behavior by the defendants, reimbursement for out-of-pocket costs incurred due to the breach, and injunctive relief aimed at improving data security measures at both Bay Area Heart Center and Bowden Barlow Law. Specifically, they request improvements such as annual audits of data security systems and adequate credit monitoring services funded by the defendants.

Representing Fischer in this case are attorneys from law firms specializing in data breach litigation. The case will be presided over by judges within the Sixth Judicial Circuit under Case Number 24-002345-CI.

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