Welcome to the Wix v. Pacific Cataract & Laser Institute Settlement Website
If you received notice that your personal information was potentially compromised as a result of the data security incident that PCLI experienced in November 2023, you may be entitled to submit a claim for monetary compensation.
- A Settlement has been reached in a class action lawsuit concerning Pacific Cataract & Laser Institute, Inc., P.C. (“Defendant” or “PCLI”) and a data incident (the “Data Incident”) that occurred in November 2023, when one or more unauthorized individuals accessed information on a database belonging to PCLI, including first and last name, Social Security number, date of birth, medical record number, health insurance policy number, and information about medical history, mental or physical condition, or medical diagnosis and treatment (collectively, “Private Information”).
- The lawsuit is called Wix v. Pacific Cataract & Laser Institute, Inc., P.C., Case No. 24-2-06283-1-SEA. The lawsuit asserts claims related to the Data Incident. The Defendant in the lawsuit is PCLI. Defendant PCLI denies it is or can be held liable for the claims made in the lawsuit. The Settlement does not establish who is correct, but rather is a compromise to end the lawsuit.
- Members of the Class are all individuals to whom PCLI sent notice of the Data Incident that occurred in November 2023. The Class specifically excludes: (i) all Persons who timely and validly request exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this settlement (including any members of the Court’s staff assigned to this case); (iii) Defendant’s officers and directors, and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.
- Class Members are eligible to receive the following relief: (1) up to $5,000 in reimbursement for Out-of-Pocket Losses consisting of actual documented losses or expenses resulting from the Data Incident, and (2) a $150 cash payment that will be pro rata reduced or increased based on the money remaining in the Settlement Fund after the payment of attorneys’ fees and expenses, Settlement Administration expenses, Class Representative Service Award, and valid claims for Out-of-Pocket Losses. Valid Claims for Out-of-Pocket Losses and pro rata cash payments may be combined. The Settlement Administrator will post additional information about the payment amount on www.PCLIDataSettlement.com. For complete details, please see the Settlement Agreement, whose terms control, available at www.PCLIDataSettlement.com.
- Your legal rights are affected regardless of whether you act or do not act. Please read this Notice carefully.
SUMMARY OF YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
These rights and options—and the deadlines to exercise them—are explained on this website and in the detailed long form notice.
Claim Filing Deadline
This is the only way you may receive benefits from this Settlement.
Exclusion Deadline
You can ask to be excluded from the Settlement. You will receive no payment, but you will retain any rights you currently have with respect to Defendant and the issues in this case. To do so, you must mail a letter stating: (1) the name of the proceeding, Wix v. Pacific Laser and Cataract Institute, Inc., P.C., Case No. 24-2-062831-1; (2) your full name; (3) your current address; (4) your personal signature; and (5) a clear statement of your intent to opt-out of or exclude yourself from the settlement.
Objection Deadline
If you did not exclude yourself from the Class and think that the Court should not approve the settlement, you can object to the Settlement and provide reasons why you think the settlement should not be approved. Such notice must state: (i) your full name and address; (ii) the case name and docket number, Wix v. Pacific Cataract and Laser Institute, Inc., P.C., Case No. Case No. 24-2-06283-1 (King County); (iii) information identifying yourself as a Class Member, including proof that you are a member of the Class (e.g., copy of your settlement notice, copy of original notice of the Data Incident, or a statement explaining why you believe you are a Class Member); (iv) a written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable; (v) the identity of any and all counsel representing you in connection with your objection; (vi) a statement whether you and/or your counsel will appear at the Final Fairness Hearing; and (vii) your signature or the signature of your duly authorized attorney or other duly authorized representative (if any) representing you in connection with the objection.
To be timely, written notice of an objection in the appropriate form must be mailed to the Settlement Administrator at PCT9 Settlement Administrator, P.O. Box 301134, Los Angeles, CA 90030-1134. You or your counsel shall also file any Objection with the Court through the Court’s ECF system or by submitting your objection to the Clerk of Court, which is located at King County Courthouse, 516 Third Ave., Room E-609, Seattle, WA 98104.
For all objections mailed to the Settlement Administrator, Class Counsel will file them with the Court with the Motion for Final Approval of the Settlement, unless the Objection(s) were previously filed on the docket.
Final Approval Hearing
The Court will hold the Final Approval Hearing. The purpose of the hearing is for the Court to determine whether the Settlement is fair, reasonable, adequate, and in the best interests of the Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award Payment to the Class Representative.
Note: The date and time of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted at the Settlement Website, www.PCLIDataSettlement.com, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.