Frequently Asked Questions

A Court authorized this notice because you have the right to know about the proposed Settlement of this class action lawsuit and all of your rights and options before the Court decides to grant Final Approval of the Settlement.

This notice explains the lawsuit, the Settlement, your rights, what benefits are available, who is eligible for them, and how to get them. The lawsuit is Rae Whitman v. Whitman County Public Hospital District #3, d/b/a Whitman Hospital & Medical Center, Case No. 2:25-cv-00246-SAB, in the United States District Court for the Eastern District of Washington (the “Action”). The person who filed this lawsuit is called “Plaintiff” and/or “Class Representative” and the company sued, Whitman County Public Hospital District No. 3 d/b/a Whitman Hospital & Medical Clinics, is called the “Defendant.”

Plaintiff filed this lawsuit against Defendant on May 28, 2025. Plaintiff alleges that between December 26, 2024 and February 28, 2025, Defendant experienced a Data Incident in which a criminal actor accessed Defendant’s computer systems and allegedly gained access to the Private Information of its patients including, some combination of names, dates of birth, addresses, Social Security numbers, financial account information, diagnosis details, laboratory results, medications, other treatment information, health insurance information, provider names, and/or dates of treatment (“Private Information”).

Plaintiff brought this lawsuit against Defendant alleging claims for negligence, breach of implied contract, unjust enrichment, violation of the Washington Data Breach Statute, Wash. Rev. Code § 19.255.010(1), et seq., and violation of the Washington Uniform Health Care Information Act, Wash. Rev. Code §§ 70.02.020 and 70.02.170, et seq.

Defendant denies these allegations and denies any wrongdoing or liability whatsoever. The Court has not decided who is right. Instead, Plaintiff and Defendant have agreed to a settlement to avoid the risk, cost, and time of further litigation.

In a class action, one or more people (called plaintiff(s) or class representative(s)) sue on behalf of all people who have similar legal claims. Together, all these people are called a “class” or “class members.” If the plaintiffs and defendant reach a settlement, the court resolves the issues for all class members via the settlement, except for those class members who timely opt out (exclude themselves) from the settlement.

The proposed Class Representative in this lawsuit is Plaintiff Rae Whitman.

Plaintiff and Defendant do not agree about the legal claims made in the lawsuit. The lawsuit has not gone to trial, and the Court has not decided in favor of Plaintiff or Defendant. Instead, Plaintiff and Defendant have agreed to settle the lawsuit. The Class Representative believes the Settlement is best for all individuals in the Settlement Class because of the benefits available to the Settlement Class and the risks and uncertainty associated with continuing the lawsuit.

Settlement Class means all living individuals residing in the United States whose Private Information was impacted in the Data Incident that occurred between December 26, 2024 and February 28, 2025.

Yes. The Settlement Class specifically excludes: (a) directors, officers, and employees of Defendant, and any entity in which Defendant has a controlling interest; (b) governmental entities (c) the Judge assigned to the Action, that Judge’s immediate family, and Court staff; (d) any Settlement Class Member who timely and validly opted out of the Settlement; and (e) any 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.

If you are still not sure whether you are a Settlement Class Member, you may go to the Settlement Website at www.WhitmanSettlement.com, call the Settlement Administrator’s toll-free telephone number at 1-844-747-2148, or send an email to info@WhitmanSettlement.com.

If you are a Settlement Class Member and you timely submit a Valid Claim, you may be eligible for the following Settlement Benefits subject to pro rata adjustment:

          (1) Cash Payment A – Documented Losses:

All Settlement Class Members may submit a Claim for a cash payment under this section for up to $5,000.00 per Settlement Cass Member upon presentment of reasonable documented losses related to the Data Incident. To receive a documented loss payment, you must elect Cash Payment A on the Claim Form attesting under penalty of perjury to having incurred documented losses.

You will be required to submit reasonable documentation supporting the losses. Non-exhaustive examples of reasonable documentation include telephone records, correspondence including emails, letters or receipts. Personal certifications, declarations, or affidavits from the Settlement Class Member do not constitute reasonable documentation but may be included to provide clarification, context, or support for other submitted reasonable documentation.

          (2) Cash Payment B – Alternate Cash:

As an alternative to submitting a Claim for Cash Payment A, you may elect to receive a Cash Payment B, which is an alternative cash payment in the estimated amount of $60.00.

          (3) Credit Monitoring:

In addition to Cash Payment A or Cash Payment B, you may also make a Claim for Credit Monitoring that will include two (2) years of IDX Identity Protection Services credit monitoring product.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement Section XIII describes the Released Claims and the Release, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available by clicking here or in the public Court records on file in this lawsuit. For questions regarding the Release or Released Claims and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in Question 15 for free, or you can talk to your own lawyer at your own expense.

To receive any of the benefits described in Question 8, you must submit a Valid Claim, postmarked or submitted online by June 24, 2026. Claim Forms may be submitted online here or printed from here and mailed to the Settlement Administrator at the address on the Claim Form. The quickest way to submit a Claim is online. Claim Forms are also available by calling 1-844-747-2148 or by writing to:

Whitman Settlement Administrator
P.O. Box 1668
Baton Rouge, LA 70821

Claim Forms must be submitted online or by mail postmarked by June 24, 2026.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Settlement Administrator of your updated information. You may notify the Settlement Administrator of any changes by calling 1-844-747-2148, by writing to info@WhitmanSettlement.com, or to:

Whitman Settlement Administrator
P.O. Box 1668
Baton Rouge, LA 70821

If you submit a timely and Valid Claim, payment will be made to you by the Settlement Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check www.WhitmanSettlement.com for updates.

If you submit a timely and Valid Claim for Settlement Benefits, and if your Claim and the Settlement are finally approved, you will be sent an electronic payment to the electronic payment option that you select when you file your claim or will be sent a paper check if you select that option. Several electronic payment options will be available, or you can elect a check. Please ensure you have provided a current and complete email address. If you select a paper check, the Settlement Administrator will attempt to send you a check relying on your physical address submitted on your Claim Form.

Yes, the Court has appointed Kenneth Grunfeld of Kopelowitz Ostrow P.A. and Kaleigh N. Boyd of McNaul Ebel PLLC as Class Counsel lawyers to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award attorneys’ fees of up to 33.33% of the $500,000.00 Settlement Fund, plus reimbursement of costs. The Court may award less than the amount requested. Class Counsel will also request approval of a Service Award in an amount not to exceed $3,000.00 for the Class Representative. If awarded by the Court, the Settlement Administrator will pay attorneys’ fees, costs, and any Service Award out of the Settlement Fund.

Class Counsel’s motion for Attorneys’ Fees, Costs, and Service Award will be made available on the Settlement Website at www.WhitmanSettlement.com before the deadline for you to object to or opt out of the Settlement.

To Opt-Out of the Settlement, you must timely mail written notice of a request to Opt-Out. The written notice must include:

          (1) Your full name, mailing address, telephone number, and email address (if any);
          (2) A statement clearly indicating your request to be excluded from the Settlement Class; and
          (3) Your physical signature as a Settlement Class Member.

The Opt-Out request must be mailed to the Settlement Administrator at the following address, and be postmarked no later than June 9, 2026:

Whitman Settlement Administrator
Attn: Exclusions
P.O. Box 1668
Baton Rouge, LA 70821

You cannot Opt-Out by telephone or by email.

No. If you Opt-Out, you will not be entitled to receive any Settlement Benefits, but you will not be bound by any judgment in this lawsuit. You can only get Settlement Benefits if you stay in the Settlement and submit a Valid Claim.

No. Unless you Opt-Out, you give up any right to sue Defendant and other Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Incident. You must Opt-Out of the lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendant or other Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Class Counsel’s motion for Attorneys’ Fees and Costs.

To object, you must file a timely, written objection stating that you object in Rae Whitman v. Whitman County Public Hospital District #3, d/b/a Whitman Hospital & Medical Center, Case No. 2:25-cv-00246-SAB (E.D. Wash.). If your objection is submitted by mail, it must be postmarked by June 9, 2026.

The objection must also include all of the following information:

          (1) Your full name, mailing address, telephone number, and email address (if any);
          (2) A written statement of all grounds for the objection, accompanied by any legal support for the objection known to you or your lawyer;
          (3) The number of times you have objected to a class action settlement within the 5 years preceding the date that you filed the objection, the caption of each case in which you have made such objection, and a copy of any orders related to or ruling upon your prior objections that were issued by the trial and appellate courts in each listed case;
          (4) The identity of all counsel who represent you, including any former or current counsel who may be entitled to compensation for any reason related to the objection to the Settlement and/or Application for Attorneys’ Fees, Costs, and Service Award;
          (5) The number of times in which your counsel and/or counsel’s law firm have objected to a class action settlement within the 5 years preceding the date of the filed objection, the caption of each case in which counsel or the firm has made such objection and a copy of any orders related to or ruling upon counsel’s or the counsel’s law firm’s prior objections that were issued by the trial and appellate courts in each listed case in which your counsel and/or counsel’s law firm have objected to a class action settlement within the preceding 5 years;
          (6) The identity of all counsel (if any) representing you and whether they will appear at the Final Approval Hearing;
          (7) A list of all persons who will be called to testify at the Final Approval Hearing in support of the objection (if any);
          (8) A statement confirming whether you intend to personally appear and/or testify at the Final Approval Hearing; and
          (9) Your signature (an attorney’s signature is not sufficient).

To be timely, written notice of an objection in the appropriate form must be filed with the Court by June 6, 2026, with copies to the following address:

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above will waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (meaning you do not Opt-Out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you Opt-Out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on July 9, 2026, at 10:00 a.m. PT to decide whether to approve the Settlement. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees, Costs, and Service Award. If there are objections, the Court will consider them. The Court will also listen to Settlement Class Members who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing remotely. Any change will be posted at www.WhitmanSettlement.com.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you mail an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you file or mail your written objection on time, the Court will consider it.

Yes, as long as you do not Opt-Out, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the Final Approval Hearing, you must follow all of the procedures for objecting to the Settlement listed in Question 20 above—and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing. 

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement Benefits, and you will give up rights explained in the “Opting Out of the Settlement” section of this notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties, including Defendant, about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Data Incident.

This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available by clicking here, by calling 1-844-747-2148, by writing to info@WhitmanSettlement.com or:

Whitman Settlement Administrator
P.O. Box 1668
Baton Rouge, LA 70821