Kaiser Permanente issued the following Notice of Pendency and Proposed Settlement of Class Action and Fairness Hearing (in part) in January 2026:
Please also be advised that Plaintiffs have reached a proposed settlement (“Settlement”) of the Action with Kaiser Foundation Health Plan, Inc. for $46 million with the possibility of up to $47.5 million. If approved by the Court, the Settlement will resolve all claims in the Action.
Under the Settlement, Settlement Class Members will release any individual legal claims they may have against Kaiser Foundation Health Plan, Inc. and other released parties arising out of the use, adoption, or incorporation of any third-party web tracking technology on the Kaiser Permanente websites or mobile applications or any other action, allegation, practices, or conduct at issue in the Consolidated Class Action Complaint.
Please be advised that your rights will be affected by the above-captioned class action (“Action”) if you were a Kaiser Permanente Member in California, Colorado, Georgia, Hawaii, Maryland, Oregon, Virginia, Washington, or the District of Columbia who accessed the authenticated pages of the Kaiser Permanente websites or mobile applications from November 2017 to May 2024 (“Settlement Class”).
The Settlement will resolve a lawsuit over whether Kaiser Foundation Health Plan, Inc.’s use of third-party technology on the Kaiser Permanente websites and mobile applications violated certain state laws and statutes. Subject to Court approval, Plaintiffs, on behalf of the Settlement Class, have agreed to settle the Action in exchange for a cash payment of $46 million (“Settlement Amount”) to be deposited into an escrow account. The Settlement Amount may be increased, but in no event will it exceed forty-seven million and five hundred thousand dollars ($47,500,000.00), depending on certain conditions of the confidential Supplemental Agreement. The amount of the Settlement Amount that remains after payment of the costs of providing notice and administering the Settlement and (2) attorneys’ fees, litigation costs, and Plaintiffs’ service awards (if authorized by the Court) will be distributed to Settlement Class Members who complete and submit a Claim. Payments to eligible Settlement Class Members will be made in accordance with the proposed Plan of Allocation, which generally provides that the Net Settlement Fund will be distributed on a pro rata basis based on the number of other Settlement Class Members who submit valid Claim Forms and the amount of the Net Settlement Fund that remains after deducting any attorneys’ fees, costs and expenses as authorized by the Court.
Under the Settlement, Settlement Class Members will release any individual legal claims they may have against Kaiser Foundation Health Plan, Inc. and other released parties arising out of the use, adoption, or incorporation of any third-party web tracking technology on the Kaiser Permanente websites or mobile applications or any other action, allegation, practices, or conduct at issue in the Consolidated Class Action Complaint.
Class Counsel have prosecuted this lawsuit on a wholly contingent basis since its inception in June 2023. For these efforts, Class Counsel will apply to the Court for an award of attorneys’ fees in an amount of up to $15,675,000, not to exceed 33% of the Settlement Amount plus interest. Class Counsel will also apply for litigation costs paid or incurred in connection with the prosecution and resolution of the lawsuit not to exceed $900,000, as well as service awards in an amount not to exceed $5,000 for each of the eight named Plaintiffs (for a total amount not to exceed $40,000). Any attorneys’ fees, costs, and expenses authorized by the Court will be paid from the Settlement Amount.
The date and time of the Fairness Hearing – currently scheduled for May 7, 2026 at 1:30 p.m. – is subject to change without further written notice to the Settlement Class.
If you or a loved one may have been injured (or worse) as a result of medical negligence involving Kaiser Permanente in the United States, you should promptly find a medical malpractice lawyer in your U.S. state who may investigate your medical malpractice claim for you and represent you or your loved one in a medical malpractice case against Kaiser Permanente, if appropriate.
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