Frequently Asked Questions

This Notice is to tell you about the settlement of a class action lawsuit, Smith et al. v. Zoll Medical Corporation, which is pending in the United States District Court for the District of Massachusetts. A proposed settlement has been reached in the lawsuit involving Zoll Medical Corporation (the “Defendant”) relating to the alleged unauthorized access to certain files stored on Defendant’s computer systems, which may have included Personal Information (the “Data Incident”). You received this Notice because you may be a member of the group of people who received notice of the Data Incident, called the “Settlement Class.” This Notice gives you a summary of the terms of the proposed settlement agreement, explains what rights Settlement Class Members have, and helps class members make informed decisions about what action to take.

Read this Notice to understand the Settlement and to determine if you are a class member. Then, decide if you want to:

The Court in charge of this case still has to decide whether to approve the Settlement.

Read on to understand the specifics of the Settlement and what each choice would mean for you.

Your deadline to object or opt out: August 3, 2026

Settlement approval hearing: September 10, 2026

Your deadline to submit a Claim Form: September 2, 2026

This lawsuit concerns the alleged unauthorized access to certain files stored on Defendant’s computer systems, which may have included Personal Information. Defendant denies all claims alleged against them and deny 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.

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are known as “Plaintiffs” or “Class Representatives.” Together, the people included in the class action are called a “class” or “class members.” One court resolves the lawsuit for all class members, except for those who opt out of the Settlement.

The Court did not decide in favor of Plaintiffs or Defendant. Plaintiffs and Defendant have agreed to a Settlement to avoid the costs and risks of a trial, and to allow the Settlement Class Members to receive benefits from the Settlement. Plaintiffs and their attorneys think the Settlement is best for all Settlement Class Members.

You have four options. You can stay in the Settlement and submit a claim, you can opt out of the Settlement, you can object to the Settlement, or you can do nothing. This chart shows the effects of each option:

The chart below can help you decide:

[INSERT Q8 DECISION FLOWCHART IMAGE HERE]

*You can object to the Settlement AND submit a Claim Form to receive payment, but you must submit a Claim Form to receive payment.

The Settlement Class is defined as: All natural 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.

Yes. The Settlement Class specifically excludes: (i) Defendant and its respective officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; and (iii) the Judge and/or Magistrate assigned to evaluate the fairness of this Settlement.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by contacting the Settlement Administrator by mail, email, or by calling toll-free.

Zoll Data Settlement
P.O. Box 4089
Baton Rouge, LA 70821
info@HeartDeviceDataSettlement.com
1-844-518-0188

You may also view the Settlement Agreement HERE.

The Settlement provides for the creation of a $3,500,000.00 Settlement Fund to pay for: (i) Valid Pro Rata Cash Claims; (ii) Valid Out-of-Pocket Loss Claims; (iii) tax and tax-related expenses; (iv) attorneys’ fees; (v) Class Counsel’s litigation expenses; (vi) costs of Settlement Administration; and (vii) Service Awards to Class Representatives. The Settlement benefits are summarized below. Visit the Settlement Website HERE for a full description of these benefits.

Settlement Class Members may submit claims for compensation for Out-of-Pocket Losses, and either a pro rata payment or a two-times pro rata payment for Settlement Class Members whose Social Security numbers were potentially impacted in the Data Incident, as reflected in the notice of the Data Incident sent to such class members by Defendant (“SSN Subclass Members”).

Compensation for Out-of-Pocket Losses. Settlement Class Members can claim up to a total of $5,000 per person for Out-of-Pocket Losses incurred as a result of the Data Incident, including, without limitation: (i) costs, expenses, losses, or charges incurred as a result of identity theft or identity fraud or other misuse of a Settlement Class Member’s Personal Information; (ii) costs associated with accessing or freezing/unfreezing credit reports with any credit reporting agency; (iii) miscellaneous expenses such as notary, postage, copying, mileage, and other charges; and (iv) charges for credit monitoring or other mitigative expenditures incurred as a result of the Data Incident.

Settlement Class Members submitting claims for Out-of-Pocket Losses must submit documentation and an attestation supporting their claims. This can include receipts or other documentation that document the costs incurred but does not include documentation that is “self-prepared” by the claimant. “Self-prepared” documents such as handwritten receipts are, by themselves, insufficient to receive reimbursement, but can be considered to add clarity or support to other submitted documentation. The attestation must state that the monetary losses are fairly traceable to the Incident and were not incurred due to some other event or reason.

Pro Rata Cash Claim Payment. All Settlement Class Members are eligible to make a claim for a cash payment from the Settlement Fund. The Settlement Fund will first be used to pay taxes and tax-related expenses, then Costs of Settlement Administration, then Service Awards to the Class Representatives, then Class Counsel’s attorneys’ fees and expenses as may be awarded by the Court, then Valid Out-of-Pocket Loss Claims. The remainder will be known as the Net Settlement Fund. The Settlement Administrator will make payments from the Net Settlement Fund on a pro rata basis to the Class Members who submit a Valid Claim for a Pro Rata Cash Claim, weighted such that SSN Subclass Members will receive two (2) shares per Valid Claim and Non-SSN Subclass Members will receive one (1) share per Valid Claim.

SSN Subclass Members are Settlement Class Members whose Social Security numbers were potentially impacted in the Data Incident, as reflected in the notice of the Data Incident sent to such Class Members by Defendant. Non-SSN Subclass Members are Class Members whose Social Security numbers were not impacted in the Data Incident. The Settlement Administrator will confirm whether Class Members are SSN Subclass Members or Non-SSN Subclass Members before distribution of pro rata shares.

The estimated Pro Rata Cash Claim Payment for SSN Subclass Members is [X]. The estimated Pro Rata Cash Claim Payment for Non-SSN Subclass Members is [X].

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against Defendant about any of the legal claims this Settlement resolves. The “Releases” section of the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement is available for review HERE.

The fastest way to submit your Claim Form is online HERE. If you prefer, you can download the Claim Form from the website and mail it to the Settlement Administrator at:

Zoll Data Settlement
P.O. Box 4089
Baton Rouge, LA 70821

You may also contact the Settlement Administrator to request a Claim Form by calling toll-free 1-844-518-0188, by emailing info@HeartDeviceDataSettlement.com, or by writing to the address above.

If you are submitting a Claim Form online, you must do so by September 2, 2026. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, along with any supporting documentation, must be mailed so it is postmarked no later than September 2, 2026.

The Court will hold a Final Approval Hearing on September 10, 2026 at 2:30 p.m. ET. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them.

Settlement benefits will be distributed if the Court grants final approval of the Settlement and after any appeals are resolved, or after the period to seek an appeal has expired.

Yes, the Court appointed Jean S. Martin of Aylstock Witkin Kreis & Overholtz PLC to represent you and other Settlement Class Members as Class Counsel.

Jean S. Martin
Aylstock Witkin Kreis & Overholtz PLC
17 E. Main Street, Suite 200
Pensacola, FL 32502
Telephone: 850-202-1010
jmartin@awkolaw.com

You will not be charged for Class Counsel’s services. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will file an application for an award of attorneys’ fees to be paid from the Settlement Fund of up to one-third of the Settlement Fund. Class Counsel will also seek an award for payment of reasonable litigation expenses, in addition to any attorneys’ fee award.

Class Counsel’s application for an award of attorneys’ fees will be available HERE after it is filed with the Court.

If you do not want to receive any benefits from the Settlement, and you want to keep your right, if any, to separately sue Defendant about the legal issues in this case (subject to any defenses Defendant may have to such a suit, including the statutes of limitations), there are steps that you must take to exclude yourself from the Settlement Class. This is called requesting an exclusion from, or “opting out” of the Settlement Class. The deadline to submit a request for exclusion from the Settlement is August 3, 2026.

To exclude yourself from the Settlement, you must submit a written request for exclusion that includes the following information:

• Settlement Class Member’s full name;

• personal signature; and

• the words “Request for Exclusion” or a comparable statement that the individual does not wish to participate in the Settlement, or some other clear manifestation of the intent to opt out of the Settlement.

Your request for exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than August 3, 2026.

Zoll Data Settlement
P.O. Box 4089
Baton Rouge, LA 70821

If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement benefits if you exclude yourself.

You may only exclude yourself—not any other person. Any Settlement Class Member who does not file a timely request for exclusion in accordance with this section will lose the opportunity to exclude himself or herself from the Settlement and will be bound by the Settlement.

If you are a Settlement Class Member and you do not like the Settlement, you can object to it, if you choose. You can give reasons why you think the Court should not approve it. The Court will consider your views.

For an objection to be a valid objection under the Settlement, it must include or substantially comply with the following: (i) the name of the proceeding which is Smith v. ZOLL Medical Corporation, Case No. 1:23-CV-10575; (ii) the Settlement Class Member’s full name and current mailing address; (iii) information identifying the objector as a Class Member; (iv) a statement of the specific grounds for the objection, as well as any documents supporting the objection; (v) the identity of any attorneys representing the objector; (vi) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; and (vii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

To be timely, an objection must be mailed to Jean S. Martin of Aylstock Witkin Kreis Overholtz PLC as Class Counsel; and Gilbert S. Keteltas of Baker & Hostetler LLP as Counsel for Defendant, so it is postmarked no later than August 3, 2026. Objections may also be filed with the Court through the Court’s ECF system or by submitting them to the Clerk of Court, with service on Class Counsel and Defendant’s Counsel made through the ECF system.

Jean S. Martin
Aylstock Witkin Kreis & Overholtz PLC
17 E. Main Street, Suite 200
Pensacola, FL 32502
Class Counsel

Gilbert S. Keteltas
Baker & Hostetler LLP
[DEF_COUNSEL_ADDRESS_LINE1] [DEF_COUNSEL_CITY_STATE_ZIP] Counsel for Defendant

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

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, located at 1 Courthouse Way, Boston, Massachusetts 02210.

At the Final Approval Hearing, the Court will consider whether to approve the Settlement, Class Counsel’s application for attorneys’ fees and expenses, and application for Service Awards. The Court will also consider any objections to the Settlement that were submitted in accordance with the requirements outlined in Question 20, above.

If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost (See Question 20).

The date and time of this hearing may change without further notice. Please check the Settlement Website HERE for updates.

No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish. If you file an objection, you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary.

If you are a Settlement Class Member and you do nothing, you will give up the rights described in Question 12, including your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against Defendant and the Released Parties about the legal issues resolved by this Settlement. In addition, if you do nothing, you will not receive any benefits from this Settlement.

This website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available HERE.

If you have additional questions, you may contact the Settlement Administrator by mail, email, or by calling toll-free.

Zoll Data Settlement
P.O. Box 4089
Baton Rouge, LA 70821
info@HeartDeviceDataSettlement.com
1-844-518-0188

Publicly filed documents can also be obtained by visiting the office of the Clerk of the Court, located at John Joseph Moakley U.S. Courthouse, 1 Courthouse Way, Boston, Massachusetts 02210.

DO NOT CONTACT THE COURT OR CLERK OF COURT REGARDING QUESTIONS ABOUT THIS SETTLEMENT.