In the U.S. District Court for the Central District of California last week, SuperCare Health, Inc. was hit with another proposed class action based on a data breach that allegedly compromised the personal and health information of over 300,000 current and former patients. SuperCare Health is a respiratory-care provider.

Lead plaintiff, Hamid Shalviri, alleges that SuperCare failed to safeguard patients’ personal and health information, leading to the compromise of patient names, addresses, dates of birth, health insurance, and medical records. Shalviri also alleges that Supercare failed to notify the affected patients for eight months after the breach occurred.

The suit includes allegations of negligence, breach of implied contract, invasion of privacy, and violations of the California Confidentiality of Medical Information Act. The complaint further alleges that the affected patients have suffered anxiety and loss of time and now face a substantial risk of fraud and identity theft due to this data breach.

In addition to Shalviri’s lawsuit, Vickey Angulo sued SuperCare over this data breach in the same court (filed April 13, 2022), and Marina Cardenas and Susie Frazier-Telles filed a similar suit in the U.S. District Court for the District of Nevada (filed April 11, 2022).

Shalviri seeks actual damages, statutory damages, and attorneys’ fees and costs.

Photo of Kathryn Rattigan Kathryn Rattigan

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security…

Kathryn Rattigan is a member of the Business Litigation Group and the Data Privacy+ Cybersecurity Team. She concentrates her practice on privacy and security compliance under both state and federal regulations and advising clients on website and mobile app privacy and security compliance. Kathryn helps clients review, revise and implement necessary policies and procedures under the Health Insurance Portability and Accountability Act (HIPAA). She also provides clients with the information needed to effectively and efficiently handle potential and confirmed data breaches while providing insight into federal regulations and requirements for notification and an assessment under state breach notification laws. Prior to joining the firm, Kathryn was an associate at Nixon Peabody. She earned her J.D., cum laude, from Roger Williams University School of Law and her B.A., magna cum laude, from Stonehill College. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.