Settlement Information
A proposed settlement has been reached in Smith et al. v. ZOLL Medical Corporation, Case No. 1:23-cv-10575, a class action lawsuit pending in the United States District Court for the District of Massachusetts. The lawsuit involves ZOLL Medical Corporation (the “Defendant”) relating to the alleged unauthorized access to Defendant’s internal computer network, which may have included Personal Information (the “Data Incident”).
The Settlement provides for the creation of a $3,500,000.00 Settlement Fund. Settlement Class Members may submit claims for compensation for Out-of-Pocket Losses of up to $5,000.00 per person, and either a Pro Rata Cash Claim Payment or a two-times Pro Rata Cash Claim Payment for Settlement Class Members whose Social Security numbers were potentially impacted in the Data Incident. The Settlement Agreement, which includes a full description of the benefits, is available on the Court Documents page.
Defendant denies all claims alleged against it and denies all charges of wrongdoing or liability. The Settlement is not an admission of wrongdoing or an indication that Defendant has violated any laws, but rather the resolution of disputed claims.
The Court has granted preliminary approval of the proposed Settlement and authorized this Notice. The Court appointed EisnerAmper as the Settlement Administrator to administer the Settlement.
Who Is a Class Member?
The Settlement Class is defined as:
All living persons who reside in the United States and to whom Defendant issued notice of the Data Incident that certain Personal Information was impacted in the Data Incident.
The Settlement Class includes two subclasses: the SSN Subclass, comprising Settlement Class Members whose Social Security numbers were potentially impacted in the Data Incident, and the Non-SSN Subclass, comprising Settlement Class Members whose Social Security numbers were not impacted in the Data Incident.
The Settlement Class specifically excludes: (i) Defendant and its officers and directors; (ii) all Persons who timely and validly request exclusion from the Settlement Class; and (iii) the Judge assigned to evaluate the fairness of this Settlement.
Your Legal Rights and Options
Option and Deadline |
Your Legal Rights |
SUBMIT A CLAIMSeptember 2, 2026 |
The only way to receive benefits from this Settlement is by submitting a valid and timely Claim Form. The fastest way to submit your Claim Form is online (see Questions 13-15). |
EXCLUDE YOURSELF FROM THE SETTLEMENTAugust 3, 2026 |
You can choose to opt out of the Settlement and receive no benefits. This is the only option that potentially allows you to ever be part of any other lawsuit against Defendant or any other Released Persons about the legal claims related to the Data Incident issues raised in this Litigation, subject to any defenses Defendant may have to such claims, including the statutes of limitations. You can hire your own legal counsel at your own expense (see Question 19). |
OBJECT TO THE SETTLEMENTAugust 3, 2026 |
If you do not opt out of the Settlement, you may object to it by writing to the Court about why you don’t like the Settlement. You may also object to Class Counsel’s attorneys’ fees and expense request, and ask the Court for permission to speak about your objection at the Final Approval Hearing (see Question 20). |
ATTEND THE FINAL APPROVAL HEARINGSeptember 10, 2026 |
The Court will hold a Final Approval Hearing on September 10, 2026, at 2:30 p.m. ET, in the John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210. You are not required to attend, but you may attend at your own expense (see Questions 22-23). |
DO NOTHINGNo Deadline |
Unless you opt out of the Settlement, you are automatically part of the Settlement. If you do nothing, you will not receive benefits from this Settlement and you will give up the right to sue, continue to sue, or be part of another lawsuit against Defendant or the Released Persons related to the legal claims resolved by this Settlement (see Question 24). |