Frequently Asked Questions

The Court authorized a Notice because you have a right to know about the Settlement, and all of your options, before the Court decides whether to give Final Approval to the Settlement. The Notice explains the nature of the Action that is the subject of the Settlement, the general terms of the Settlement, and your legal rights and options.

Judge Francis J. Jones Jr. of the Superior Court of the State of Delaware is overseeing this case captioned as Dunlop, et al. v. Bayhealth Medical Center, Inc., Case No. N25C-10-167. The people who brought the lawsuit are called the Class Representatives. The company being sued, Bayhealth Medical Center, Inc., is called the "Defendant".

Plaintiffs have filed a Complaint against Defendant in the Superior Court of the State of Delaware relating to a Data Incident affecting Defendant which Defendant discovered on or around July 31, 2024, and asserted claims for negligence, negligence per se, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, and declaratory judgment.

Bayhealth denies any wrongdoing whatsoever. No court or other judicial body has made any judgment or other determination that Bayhealth has done anything wrong.

In a class action, one or more people called "Class Representatives" or "Plaintiffs" sue on behalf of all people who have similar claims. Together, all of these people are called a "Settlement Class", and the individuals are called "Settlement Class Members". One court resolves the issues for all Settlement Class Members, except for those who exclude themselves from the Settlement Class.

The Court has not decided in favor of the Class Representatives or Bayhealth. Instead, both sides agreed to the Settlement. The Settlement avoids the cost and risk of a trial and related appeals, while providing benefits to Settlement Class Members. The Class Representatives appointed to represent the Settlement Class, and the attorneys for the Settlement Class, Class Counsel, think the Settlement is best for all Settlement Class Members.

You are affected by the Settlement and potentially a Settlement Class Member if you are a person who is identified on the Settlement Class List prepared by Defendant, which includes all individuals residing in the United States whose Personal Information was potentially compromised in the Data Incident discovered by Bayhealth in July 2024, including all those individuals who received notice of the Data Incident.

Excluded from the Settlement Class are: (1) the judges presiding over this Action, and members of their direct families; (2) Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

If you are not sure whether you are included in the Settlement, you may call (833) 754-4833 with questions. You may also click here or write with questions to:

Dunlop, et al. v. Bayhealth Medical Center, Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

The Settlement provides for a Settlement Fund of $2,500,000 that is used to pay: (i) all Notice and Administrative Expenses including Taxes and Tax-Related Expenses; (ii) approved Out-of-Pocket Loss Claims; (iii) approved Pro Rata Cash Payments; (iv) Approved Claims for Medical Monitoring Services; (v) Service Award Payments to Class Representatives; and (vi) Attorneys’ Fee Award and Costs and Litigation Costs and Expenses.

Settlement Class Members that submit a valid and timely Claim Form may select one or more of the following Settlement benefits:

1. Pro Rata Cash Payment: All Settlement Class Members may submit a claim for a Pro Rata Cash Payment from the Net Settlement Fund, estimated at $60, with the final payment amounts adjusted up or down depending on the number of claims submitted, by submitting a Claim Form to the Settlement Administrator, no later than the Claims Deadline; 
   
   
   • Documentation or additional information is not necessary to claim a Pro Rata Cash Payment. 
      
   • In the event that funds remaining in the Net Settlement Fund after the payment for Approved Claims for Out-of-Pocket Losses and Medical Monitoring Services are not sufficient to make payment for the full amount of the Approved Claims for Pro Rata Cash Payments (i.e., $60 per Approved Claim), then the value of the Approved Claims for Pro Rata Cash Payments shall be reduced on a pro rata basis, such that the aggregate value of all payments for Approved Claims does not exceed the Net Settlement Fund. The Pro Rata Cash Payment amount may also be increased based on the amount of the Net Settlement Fund and the number of Approved Claims submitted. To ensure that the maximum amount of the Net Settlement Fund is distributed, following the payment of Approved Claims for Out-of-Pocket Losses and Approved Claims for Medical Monitoring Services, the amount remaining in the Net Settlement Fund shall be divided by the number of Settlement Class Members who submit Approved Claims for Pro Rata Cash Payments and allocated on a pro rata basis to all Settlement Class Members who submitted Approved Claims for Pro Rata Cash Payments.
      
2. Reimbursement for Out-of-Pocket Losses: In addition to the Pro Rata Cash Payment, all Settlement Class Members may submit a claim for Out-of-Pocket Losses. All Settlement Class Members may submit a claim for up to $5,000 for reimbursement of Out-of-Pocket Losses. 
   
   
   • “Out-of-Pocket Losses” are unreimbursed costs or expenditures incurred by a Settlement Class Member that are fairly traceable to the Data Incident including, without limitation, the following: (i) unreimbursed costs, expenses, losses or charges incurred as a result of identity theft or identity fraud, falsified tax returns, or other possible misuse of class member’s Personal Information; (ii) costs incurred on or after July 31, 2024, associated with purchasing or extending additional credit monitoring or identity theft protection services and/or accessing or freezing/unfreezing credit reports with any credit reporting agency; and (iii) other miscellaneous expenses incurred related to any Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance telephone charges.
      
   • Settlement Class Members who elect to submit a claim for Reimbursement of Out-of-Pocket Losses must provide to the Settlement Administrator the information required to evaluate the claim, including: (1) the Settlement Class Member’s name and current address; (2) documentation supporting their claim; (3) a brief description of the documentation describing the nature of the loss, if the nature of the loss is not apparent from the documentation alone; and (4) whether the Settlement Class Member has been reimbursed for the loss by another source. 
      
   • Documentation supporting Out-of-Pocket Losses can include receipts or other documentation not "self-prepared" by the Settlement Class Member that documents the costs incurred. "Self-prepared" documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity to or support other submitted documentation. 
      
   • Settlement Class Members shall not be reimbursed for Out-of-Pocket Losses if they have already been reimbursed for the same Out-of-Pocket Losses by another source. A claim for reimbursement for Out-of-Pocket Losses may be combined with a claim for a Pro Rata Cash Payment and Medical Monitoring Services but in no circumstance will a Settlement Class Member be eligible to receive more than the $5,000 cap.

In the event that the funds remaining in the Net Settlement Fund are not sufficient to make payment for those Approved Claims for Out-of-Pocket Losses, then the value of the payments for Approved Claims for Out-of-Pocket Losses shall be reduced on a pro rata basis, such that the aggregate value of all payments for Approved Claims for Out-of-Pocket Losses does not exceed the Net Settlement Fund. In such an event, no Net Settlement Funds will be distributed for Approved Claims for Pro Rata Cash Payments.

In addition to a Settlement Payment, Settlement Class Members may also submit a Claim for:

3. Medical Monitoring Services: All Settlement Class Members that submit an Approved Claim Form are eligible to enroll in two (2) years of Medical Monitoring Services. These services include one-bureau credit monitoring; dark web monitoring; real-time inquiry alerts; and $1,000,000 in identity theft insurance, among other features.
   
   
   • The Settlement Administrator will send an activation code to each valid Medical Monitoring Services claimant after Final Approval of the Settlement. Codes will be active for 180 days after the date of mailing and may be used to activate the full term if used at any time during that 180-day period. Medical Monitoring expenses, the administration of which will be undertaken by the Settlement Administrator and overseen by Class Counsel, will be paid for from the Settlement Fund.

In the event that the funds remaining in the Net Settlement Fund are not sufficient to make payment for those Approved Claims for Medical Monitoring Services, then the duration of the Medical Monitoring Services shall be reduced to one (1) year.

To receive a Settlement benefit, you must complete and submit a Claim Form online or by mail to Dunlop, et al. v. Bayhealth Medical Center, Inc., c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391. Read the Claim Form instructions carefully, fill out the Claim Form, provide the required documentation, and submit online by April 20, 2026, or by mail postmarked by April 20, 2026.

TO RECEIVE AN ELECTRONIC OR ACH PAYMENT FOR YOUR APPROVED CLAIM, YOU MUST FILE A CLAIM FORM VIA THIS SETTLEMENT WEBSITE. 
 

The Court will hold a Final Approval Hearing on June 5, 2026, at 10:00 a.m. ET to decide whether to approve the Settlement. If the Court approves the Settlement, there may be appeals from that decision and resolving them can take time. It also takes time for all of the Claim Forms to be processed. Please be patient. Settlement benefits will begin after the Settlement has obtained Court approval and the time for all appeals has expired.

Bayhealth and its affiliates will receive a release from all claims that could have been or that were brought against Bayhealth relating to the Data Incident. Thus, if the Settlement becomes final and you do not exclude yourself from the Settlement, you will be a Settlement Class Member and you will give up your right to sue Bayhealth, and each and every of its respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of its past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, agents and/or third-party administrators thereof, subrogees and assigns of any of the foregoing, as well as clients of Defendant and each and every of their respective predecessors, successors, assigns, parents, subsidiaries, divisions, affiliates, departments, and any and all of their past, present, and future officers, directors, employees, stockholders, partners, servants, agents, successors, attorneys, representatives, insurers, reinsurers, subrogees and assigns of any of the foregoing, in its capacity as such and assigns of each of them as well as covered entities associated with the Data Incident. These releases are described in Section XII of the Settlement Agreement, which is available on the Documents page of this Settlement Website. If you have any questions, you can talk to Class Counsel listed in FAQ 17 for free or you can talk to your own lawyer.

No. If you exclude yourself, you will not be entitled to receive any benefits from the Settlement.

No. Unless you exclude yourself, you give up any right to sue Bayhealth and any other Released Parties for any claim that could have been or was brought relating to the Data Incident. You must exclude yourself from the Settlement to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. 

To exclude yourself, send a Request for Exclusion or written notice of intent to opt-out that says you want to be excluded from the Settlement. The Request for Exclusion must include the name of the proceeding, the individual’s full name, current address, personal signature, and the words "Request for Exclusion" or a comparable statement that the individual does not wish to participate in the Settlement at the top of the communication. Any Settlement Class Member who does not timely and validly submit a Request for Exclusion will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement. You must mail your Request for Exclusion to the Settlement Administrator postmarked by March 23, 2026, to:

Dunlop, et al. v. Bayhealth Medical Center, Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

You can tell the Court that you do not agree with the Settlement, and/or Fee Award and Costs, or some part of it by objecting to the Settlement. Objections must be filed with the Court, and sent by U.S. Mail to Class Counsel, Defendant’s Counsel, and the Settlement Administrator at the addresses listed below, postmarked no later than March 23, 2026. 

The written objection include: 

1. the name of the proceedings; 
2. the Settlement Class Member’s full name, current mailing address, and telephone number;
3. a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; 
4. a statement as to whether the objection applies only to the objector, to a specific subset of the class, or to the entire class; 
5. the identity of any attorneys representing the objector; 
6. a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing;
7. a list of all other matters in which the objecting Settlement Class Member and/or his/her attorney has lodged an objection to a class action settlement; and 
8. the signature (or electronic equivalent) of the Settlement Class Member or the Settlement Class Member’s attorney. 

Any Settlement Class Member who does not file a timely and adequate objection in accordance with this Paragraph waives the right to object or to be heard at the Final Approval Hearing and shall be forever barred from making any objection to the Settlement.

Objecting is telling the Court that you do not like the Settlement or parts of it and why you do not think it should be approved. You can object only if you are a Settlement Class Member. Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receive any benefit from the Settlement. 

Yes. The Court appointed Kenneth J. Grunfeld of Kopelowitz Ostrow P.C. and Raina C. Borrelli of Strauss Borrelli PLLC, as Class Counsel to represent the Settlement Class in Settlement negotiations. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file a motion for an award of attorneys’ fees not to exceed one-third of the Settlement Fund ($833,333.33), plus reasonable Litigation Costs and Expenses, to be paid from the Settlement Fund, and subject to Court approval. Any such award would compensate Class Counsel for investigating the facts, litigating the case, and negotiating the Settlement and will be the only payment to them for their efforts in achieving this Settlement and for their risk in undertaking this representation on a wholly contingent basis.

Class Counsel will file a motion seeking a Service Award Payment not to exceed $5,000 for each of the Class Representatives, for a total of $15,000, in recognition of their contributions to this Action, subject to Court approval. The Service Award Payments approved by the Court shall be paid by the Settlement Administrator out of the Settlement Fund directly to the Class Representatives.

Any attorneys’ Fee Award and Costs, Litigation Costs and Expenses, and Service Award Payments must be approved by the Court. The Court may award less than the amounts requested. 
 

The Court will hold a Final Approval Hearing on June 5, 2026, at 10:00 AM ET, at the Superior Court of the State of Delaware, Courtroom 6A, Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801, as ordered by the Court. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely and valid objections, the Court will consider them and will listen to people who have asked to speak at the hearing if such a request has been properly made. The Court will also rule on the Fee Award and Costs and Service Award Payments. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take. The hearing may be moved to a different date or time without additional notice, so Class Counsel recommends checking this Settlement Website, or calling (833) 754-4833.

No. Class Counsel will present the Settlement Class to the Court. You or your own lawyer are welcome to attend at your expense, but you are not required to do so. If you send an objection, you do not have to visit the Court to talk about it. As long as you filed your written objection on time with the Court and mailed it according to the instructions provided in FAQ 15, the Court will consider it.

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file an objection according to the instructions in FAQ 15, including all the information required. Your objection must be filed with the Court and mailed to Class Counsel, Defendant’s Counsel, and the Settlement Administrator, at the mailing addresses listed in FAQ 15, postmarked by no later than March 23, 2026.

If you do nothing, you will not receive any Settlement benefits from this Settlement. If the Settlement is granted final approval and becomes final, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Bayhealth or the other Released Parties based on any claim that could have been or that was brought relating to the Data Incident.

This Settlement Website summarizes the Settlement. More details are in the Settlement Agreement itself.  A copy of the Settlement Agreement is available on the Documents page of this Settlement Website. You may also click here or call the Settlement Administrator with questions or to receive a Claim Form at (833) 754-4833.

It is your responsibility to inform the Settlement Administrator of your updated information. You may do so at the address below, calling toll-free (833) 754-4833, or by clicking here for the Contact page of this Settlement Website.
 

Dunlop, et al., v. Bayhealth Medical Center, Inc.
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
 

PLEASE DO NOT CONTACT THE COURT OR THE CLERK OF THE COURT FOR INFORMATION ABOUT THE CLASS ACTION SETTLEMENT