On August 9, 2023, Advocate Aurora Health Inc. and the plaintiffs in a federal lawsuit filed in the United States District Court for the Eastern District of Wisconsin (Civil Action No. 2:22-cv-1253-JPS) entered into a Settlement Agreement that states, in part:
On October 24, 2022, Shyanne John and another plaintiff filed a class action complaint in the United States District Court for the Eastern District of Wisconsin (the “Court”) captioned Shyanne John, et al. v. Advocate Aurora Health Inc., No. 2:22-cv-01253 (E.D. Wis.). Several other cases were filed thereafter and were eventually consolidated (the “Litigation”).
The Litigation arose after a notification provided by Defendant on October 22, 2022 that it had used Internet tracking technologies supplied by third parties, including pieces of code known as “pixels” (further defined as “Tracking Pixels” herein), and, when using some sites or applications, certain protected health information would be disclosed in particular circumstances to specific vendors because of the Tracking Pixels. Plaintiffs claim that Defendant’s implementation and usage of such Tracking Pixels allegedly resulted in the invasion of Plaintiffs’ and Settlement Class Members’ privacy and other alleged common law and statutory violations.
Defendant agrees to make a payment of twelve million two hundred and twenty-five thousand dollars and no cents ($12,225,000.00) and deposit that payment into the Settlement Fund as follows: (i) Defendant shall pay $4,225,000.00 into the Settlement Fund thirty (30) Days after the Court enters the Preliminary Approval Order, which shall be available to pay Notice and Settlement Administration Costs incurred prior to entry of the Final Approval Order and Final Judgment, and (ii) Defendant shall pay the balance of the Settlement Fund, eight million dollars and no cents ($8,000,000.00), thirty (30) Days after the Effective Date. For the avoidance of doubt, and for purposes of this Settlement Agreement only, Defendant’s liability under this Agreement shall not exceed twelve million two hundred and twenty-five thousand dollars and no cents ($12,225,000.00), inclusive of Class Counsel’s reasonable attorneys’ fees and Litigation Expenses.
In addition to the Settlement Fund and monetary benefits provided to Settlement Class Members, Defendant shall implement all remedial measures necessary to ensure its use of Tracking Pixels materially complies with the Health Insurance Portability and Accountability Act (HIPAA), including applicable binding guidance issued by the Department of Health and Human Services Office of Civil Rights, provided that nothing shall limit its right to use such technologies consistent with that guidance or when otherwise authorized by patients, pursuant to a valid business associate agreement, or as otherwise permitted by HIPAA.
Class Counsel shall request the Court to approve an award of attorneys’ fees not to exceed thirty-five percent (35%) of the Settlement Fund plus reasonable Litigation Expenses not to exceed $30,000.00. The Attorneys’ Fees and Expenses Award shall be paid no later than forty-five (45) Days after the Effective Date. For the avoidance of doubt, the Attorneys’ Fees and Expenses Award shall be paid from the Settlement Fund. Defendant shall take no position with regard to Class Counsel’s application for the Attorneys’ Fees and Expenses Award if the application complies with the provisions of this section.
Class Counsel shall request the Court to approve a service award of three thousand five hundred dollars ($3,500.00) for each of the named Plaintiffs, which award is intended to recognize Plaintiffs for their efforts in the Litigation and commitment on behalf of the Settlement Class (“Service Award”). If approved by the Court, this Service Award will be paid to Class Counsel for distribution no later than forty-five (45) Days after the Effective Date.
The Settlement Agreement defines Tracking Pixels as “the Meta Pixel, Google Analytics, other third-party pixels, and any similar web analytics technologies that allow website owners to track visitor activity on their websites.”
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