Privacy Allegations Lead to $18.4 Million in Settlements for Boston Hospitals

Written by: Brock Wolf, Esq.

Mass General Brigham Incorporated and its affiliate healthcare providers (“Mass General”) agreed to pay $18.4 million to settle a class-action against the healthcare system. While healthcare providers around the nation are falling victim to data breaches and ransomware attacks, this lawsuit has a different origin. Instead, this class-action stems from Mass General’s website data practices.

1. Overview of the Class Action

Last year, plaintiffs filed a class-action lawsuit against Mass General alleging that the hospital system used web analytics tools, cookies and pixels to gather information about patients who visited its various website domains. The plaintiffs also allege that Mass General subsequently sold their information to third parties without their consent.

Members of the settlement class include patients of Mass General who visited one of their informational websites. Across its 16 entities, Mass General treats an estimated 1.5 million patients annually.

In September 2021, Judge Brian Davis approved a preliminary settlement for $18.4 million. The final approval hearing is scheduled to take place on January 18, 2022.

2. Key Takeaways

While it remains uncertain whether the plaintiffs would have prevailed if the class-action progressed, defending against a class-action can be a costly venture for any business. Businesses should be aware of how they use web analytics and cookies on their websites and should consider obtaining express consent prior to collecting information from site visitors.