The Advocate Aurora settlement is a $12.225 million class action resolution finalized on July 10, 2024, that addressed claims Advocate Aurora Health secretly transmitted patient information to Meta and Google through tracking pixels installed on its websites, its LiveWell app, and its MyChart patient portal. Roughly 2.5 million people who used those platforms between October 24, 2017, and October 22, 2022, were covered. Valid claimants are entitled to a pro rata cash payment of up to $50 each. All claim, opt-out, and objection deadlines have already passed.1HIPAA Journal. Advocate Aurora Health Settles Pixel Lawsuit for $12.25 Million2Advocate Aurora Settlement. Frequently Asked Questions
What the Lawsuit Was About
Advocate Aurora disclosed in October 2022 that tracking code on its patient-facing platforms had shared protected health information with third parties for up to 3 million patients. The Meta Pixel and Google’s tracking pixel were embedded in the MyChart portal, the LiveWell wellness app, and appointment scheduling widgets.3Fierce Healthcare. Advocate Aurora Health Data Breach Revealed Pixels Protected Health Information
When patients used those tools while logged into Facebook or Google, the pixels could transmit IP addresses, appointment dates and times, appointment types or procedures, provider information, proximity to Advocate Aurora facilities, insurance status, and MyChart communications that could include names and medical record numbers. Social Security numbers and financial account information were not involved, and the health system said it was unaware of any misuse of the data.4HIPAA Journal. Advocate Aurora Health Website Tracking Code Impermissible Disclosure5Healthcare IT News. Advocate Aurora Notifies Patients of Potential Tracking Pixel Breach
Ten plaintiffs filed suit on October 24, 2022, in the U.S. District Court for the Eastern District of Wisconsin. The consolidated case, In re Advocate Aurora Health Pixel Litigation, No. 2:22-cv-01253, was assigned to Judge J.P. Stadtmueller.6CourtListener. In Re Advocate Aurora Health Pixel Litigation
Who Qualified as a Class Member
The class covered all U.S. residents who visited Advocate Aurora’s websites, used the LiveWell app, or used the MyChart patient portal between October 24, 2017, and October 22, 2022. The class was estimated at about 2.5 million people.1HIPAA Journal. Advocate Aurora Health Settles Pixel Lawsuit for $12.25 Million
Advocate Aurora’s officers, directors, affiliates, and the presiding judges and their clerks were excluded. Regular employees who received the October 22, 2022, breach notification were not excluded and could file claims.2Advocate Aurora Settlement. Frequently Asked Questions
How Much Class Members Receive
Each class member who submitted a valid claim by the January 18, 2024, deadline is entitled to a pro rata cash payment of up to $50. The actual amount depends on how many claims are paid out of the net fund.2Advocate Aurora Settlement. Frequently Asked Questions
The court’s July 10, 2024, order divided the $12.225 million as follows:
- Settlement administration by Kroll: approximately $2.75 million
- Attorneys’ fees: $2,824,993.19, or 30% of the net settlement fund
- Litigation expenses: $23,356.02
- Service awards to the ten named plaintiffs: $35,000 total, or $3,500 each
- Net fund available for class member payments: $9,416,643.98
Why the Attorneys’ Fees Were Cut
Seventy-one class members opted out and five filed objections. Three objectors argued the $50 cap was too low, and one raised concerns about the health system’s community functions; the court overruled all four.7HLLI. In Re Advocate Aurora Health Pixel Litigation Fee Order
The fifth objection, from Theodore Wynnychenko, argued that the fee request was “grossly disproportionate” to the work performed and the modest recovery per class member. He faulted counsel for not providing a fee breakdown upfront. After the court ordered disclosure of billing records, Wynnychenko called the records “over-redacted” and suggested about 18% of the gross fund.8HLLI. In Re Advocate Aurora Health Pixel Litigation
Class counsel had already reduced their request from $4.3 million to $3.25 million. Judge Stadtmueller cut it further to $2,824,993.19, saying a smaller award “appropriately leaves some upward ‘breathing room’ to award greater fees in cases that involve more work for counsel than this one.” The court also noted that the failure to make billing records available with the original fee motion had caused unnecessary delays.7HLLI. In Re Advocate Aurora Health Pixel Litigation Fee Order
Current Status and Contact Information
Judge Stadtmueller granted preliminary approval on August 21, 2023, held the final approval hearing on March 8, 2024, and issued final approval on July 10, 2024. No appeals appear in the available court records.8HLLI. In Re Advocate Aurora Health Pixel Litigation9HFMA. Preliminary Class Action Settlement for Using Online Tracking Tools
Kroll Settlement Administration LLC is handling distribution. Under the settlement terms, payments go to valid claimants after the settlement becomes final and effective. The official website at advocateaurorasettlement.com remains active and holds the case documents, though it does not post specific updates on check mailing status.10Advocate Aurora Settlement. Advocate Aurora Pixel Litigation Settlement
If you filed a timely claim and have questions about your payment, you can reach the administrator at (833) 933-9030 or by mail at Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.2Advocate Aurora Settlement. Frequently Asked Questions
Deadlines Have Closed
If you did not file a claim, you cannot join now. The claim deadline was January 18, 2024, and the opt-out and objection deadline was December 19, 2023. Class members who did not opt out are bound by the settlement’s release of claims regardless of whether they submitted a claim form.7HLLI. In Re Advocate Aurora Health Pixel Litigation Fee Order