California Cryobank, LLC, the largest sperm bank in the country, faces a lawsuit in the U.S. District Court for the Central District of California over an April 2024 data breach. Cryobank provides frozen donor sperm and specialized reproductive health care services, including egg and embryo storage.

Cryobank notified the affected individuals this month that it detected suspicious activity on its network and determined that an unauthorized party gained access to its IT environment and may have accessed files containing personal information.

While sperm is commonly donated anonymously, the information is associated with a donor-assigned ID number. That ID number can then be used by offspring at 18 if they want to learn more about their biological father. Nevertheless, the security incident affected information including, patient names, Social Security numbers, driver’s license numbers, financial account numbers, and health insurance information. The complaint alleges that Cryobank failed to sufficiently protect and secure its patients’ personal and health information. The plaintiff is seeking class certification to include others affected by the data breach.

The complaint states that the individual notifications did not include “the identity of the cybercriminals who perpetrated this Data Breach, the details of the root cause of the Data Breach, the vulnerabilities exploited, and the remedial measures undertaken to ensure such a breach does not occur again.”

The lawsuit asserts claims of negligence, breach of implied contract, and unjust enrichment, as well as violations of the California Unfair Competition Law and Confidentiality of Medical Information Act.

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.