Spann et al. v. Superior Air-Ground Ambulance Service, Inc.

Plaintiffs filed this lawsuit against Defendant. Plaintiffs allege that in May 2023, an unauthorized third party copied certain files from Defendant’s network containing Personal Information (“PI”) including names, addresses, dates of birth, Social Security numbers, driver's license or state identification numbers, financial account information payment card information, patient record information, medical diagnosis or condition information, medical treatment information, and health insurance information.

Plaintiffs brought this lawsuit against Defendant alleging legal claims for negligence, breach of implied contract, breach of fiduciary duty, violation of the Illinois Consumer Fraud and Deceptive Practices Act, 815 ILCS 505/2, et seq., violation of the Michigan Consumer Protection Act, Mich. Comp. Laws. Ann. § 445.901, et seq., and unjust enrichment.

Defendant denies these allegations and denies any wrongdoing or liability. The Court has not decided who is right. Instead, Plaintiffs and Defendant have agreed to a settlement to avoid the risk, cost, and time of continuing the Action

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

The Settlement includes all individuals residing in the United States whose Private Information may have been accessed and/or acquired by an unauthorized party as a result of the Security Incident that occurred within Defendant’s network in May 2023.

If you are a Settlement Class Member and you timely submit a Valid Claim, you may be eligible for the following Settlement benefits:

Reimbursement for Documented Out-of-Pocket Losses: All Settlement Class Members who submit a Valid Claim are eligible for up to a total of $5,000.00 per person for unreimbursed costs or expenses incurred by a Settlement Class Member between May 15, 2023 and the Claims Deadline as a result of the Security Incident.

You must submit documentation supporting your Claim Form for Documented Out-of-Pocket Losses, which may include but is not limited to, unreimbursed costs, expenses or charges incurred addressing or remedying identity theft, fraud or misuse of Personal Information and/or other issues reasonably traceable to the Security Incident.

Documentation supporting your losses can include receipts or other documentation that show the costs incurred. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support other submitted documentation.

AND

Pro Rata Cash Payment: You may also elect to receive a Pro Rata Cash Payment. For purposes of calculating the Pro Rata Cash Payment, the Settlement Administrator must distribute the funds in the Settlement for the payment of Class Counsels’ Fees and Expenses, Service Awards, settlement administration costs, Valid Claims for Documented Out-of-Pocket Losses, and credit monitoring expenses. The amount of the Pro Rata Cash Payment may be increased or decreased on a pro rata basis, based on the funds remaining in the Settlement Fund after these payments.

AND

Identity Theft Protection and Credit Monitoring: In addition to selecting a Pro Rata Cash Payment and/or compensation for Documented Out-of-Pocket Losses, you may elect to receive two (2) years of free three-bureau credit monitoring.

Business Practice Changes: Although Defendant denies any wrongdoing or liability, Plaintiffs have received assurances that the Defendant is continuously implementing additional security enhancements including defensive tools and increased monitoring.

To receive any of the benefits, you must submit a Valid Claim, postmarked or submitted online by March 31, 2025. Claim Forms may be submitted online here or printed from the Settlement Website and mailed to the Settlement Administrator at the address on the Claim Form.

The quickest way to submit a Claim is online. Claim Forms are also available by calling 1-888-891-8875 or by writing to:

Superior Ambulance Settlement Administrator
P.O. Box 2913
Portland, OR 97208-2913

Claim Forms must be submitted online or by mail postmarked by March 31, 2025.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders 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 Parties, including Defendant, about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called "Released Claims".

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Class Counsel’s motion for Attorneys’ Fees and Expenses.

To object, you must mail a timely, written objection stating that you object in Spann, et al. v. Superior Air-Ground Ambulance Service, Inc., Case No. 1:24-cv-04704-MFK. Your objection must be postmarked by February 28, 2025.

The objection must also include all of the following information:

1. Your full name, current address, current telephone number;
2. The case name and case number, Spann, et al. v. Superior Air-Ground Ambulance Service, Inc., Civil Action No. 1:24-cv-04704-MFK,
3. Documentation sufficient to establish membership in the Settlement Class, such as a copy of the Postcard Notice or Email Notice you received,
4. A statement of the position(s) you wish to assert, including the factual and legal grounds for the position(s),
5. Copies of any other documents that you wish to submit in support of your position,
6. Whether you intend to appear at the Final Approval Hearing,
7. Whether you are represented by a lawyer and, if so, the name, address, and telephone number of your lawyer, and
8. Your signature (a lawyer’s signature is not sufficient).

To be timely, written notice of an objection in the appropriate form must be mailed postmarked by February 28, 2025, to the Settlement Administrator at:

Superior Ambulance Settlement Administrator
Objections
P.O. Box 2913
Portland, OR 97208-2913

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above will waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the lawsuit

To opt out of the Settlement, you must timely mail written notice of a request to opt out. The written notice must include:

1. Your full name and current address;
2. A statement indicating your request to be excluded from the Settlement Class; and
3. Your physical signature as a Settlement Class member;

The opt out request must be mailed to the Settlement Administrator at the following address, and be postmarked by February 28, 2025:

Superior Ambulance Settlement Administrator
Exclusions
P.O. Box 2913
Portland, OR 97208-2913

You cannot opt out by telephone or by email.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where an opt out has not been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt out, you will not be entitled to receive any Settlement benefits, but you will not be bound by any judgment in this lawsuit. You can only get Settlement benefits if you stay in the Settlement and submit a Valid Claim.

No. Unless you opt out, you give up any right to sue Defendant and other Released Parties for the legal claims this Settlement resolves and Releases relating to the Security Incident. You must opt out of the lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendant or other Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement benefits, and you will give up rights explained in FAQ 9, 10, and 11, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Security Incident.

Yes, the Court has appointed Gary M. Klinger of Milberg Coleman Bryson Phillips Grossman PLLC and David S. Almeida of Almeida Law Group LLC as Class Counsel lawyers to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit

Class Counsel will file a motion asking the Court to award attorneys’ fees of up to 1/3 ($1,083,333.33) of the $3.2 million Settlement Fund, plus reimbursement of costs. The Court may award less than the amount requested. If awarded by the Court, the Settlement Administrator will pay attorneys’ fees and costs out of the Settlement Fund.

Class Counsel’s motion for Attorneys’ Fees and Expenses, and Service Awards will be made available on the Important Documents page of this website before the deadline for you to object to or opt out of the Settlement.

The Court will hold a Final Approval Hearing on March 25, 2025, at 9:00 a.m. before the Honorable Matthew F. Kennelly at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago IL 60604. This will be available by phone, call-in number: 650-479-3207; access code 2305-915-8729. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees and Expenses, and Service Awards. If there are objections, the Court will consider them. The Court will also listen to Settlement Class Members who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing via video conference or by phone. Any change will be posted on this website.

The Court will hold a Final Approval Hearing on March 25, 2025, at 9:00 a.m. before the Honorable Matthew F. Kennelly at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago IL 60604 or via video conference or by phone. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees and Expenses, and Service Awards. If there are objections, the Court will consider them. The Court will also listen to Settlement Class Members who have asked to speak at the hearing. The Final Approval Hearing will be held telephonically.

(Call-in number: 650-479-3207; access code 2305-915-8729)

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing via video conference or by phone. Any change will be posted on this website.

Yes, as long as you do not opt out, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the Final Approval Hearing, you must follow all of the procedures for objecting to the Settlement listed in FAQ 8 above and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

No. Class Counsel will answer any questions the Court may have. But you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you submitted your written objection on time to the proper addresses and it complies with all the other requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend the hearing, but it is not necessary.

If you submit a timely and Valid Claim, payment will be made to you by the Settlement Administrator after the Settlement is approved by the Court and becomes final. It may take time for the Settlement to be approved and become final. Please be patient and check this website for updates.

Please provide a signed, written request for a check reissue. If you are requesting a name change and are needing a reissue, please provide documentation showing the name change such as a driver’s license, marriage certificate, POA or divorce decree. Please include the reason for the reissue and evidence of entitlement to payment and send to:

Spann et al. v. Superior Air-Ground Ambulance Service, Inc.
Settlement Administrator
P.O. Box 2913
Portland, OR 97208-2913

If you submitted a check reissue request, please note that it may take several weeks to receive it. We thank you for your patience.

To get help accessing your Venmo payment, please visit the visit the Venmo help center at https://help.venmo.com/hc/en-us or call Venmo customer service at 1-855-812-4430 and provide them with the transaction ID.

If you selected Zelle and are having trouble with your Zelle account, please contact someone at your bank who handles Zelle payments and provide them with the Zelle transaction ID.

You are urged to review more details in the Settlement Agreement. For a complete, definitive statement of the Settlement terms, refer to the Settlement Agreement here.

You also may write with questions to the Settlement Administrator

Spann et al. v. Superior Air-Ground Ambulance Service, Inc.
Settlement Administrator
P.O. Box 2913
Portland, OR 97208-2913
or call the toll-free number, 1-888-891-8875.