PITTSBURGH – A pair of Western Pennsylvania men are alleging in a class action lawsuit that they and many more individuals have been the victims of identity theft and credit card fraud, as a result of the University of Pittsburgh Medical Center and other defendants failing to secure their personal and financial information.
Vince Ranalli of Pittsburgh and Lou Ranalli of Monongahela filed suit in the Allegheny County Court of Common Pleas on March 9 versus UPMC (doing business as “The University of Pittsburgh Medical Center”), Charles J. Hilton, P.C. Attorney at Law and Allegheny Health Network, all of Pittsburgh.
The suit explains plaintiff Vince Ranalli is a former and/or current health insurance member of UPMC and AHN, while plaintiff Lou Ranalli is a current AHN health insurance member.
“Charles J. Hilton was retained by UPMC and Allegheny Health Network to provide billing-related legal services. On or about June of 2020, CJH discovered suspicious activity affecting its employee email system,” the suit states.
“On or about July 21, 2020, CJH determined that a data breached had occurred, as several CJH email accounts had been accessed without authorization over the period of April 1, 2020 to June 25, 2020. It was determined that the data breach had exposed the highly sensitive personal, medical and financial data of approximately 36,000 UPMC and AHN patients.”
This information included: Social Security numbers, dates of birth, bank or financial account numbers, driver's license or state identification card numbers, electronic signatures, medical record numbers, patient account numbers, patient control numbers, visit numbers, trip numbers, Medicare or Medicaid identification numbers, individual health insurance or subscriber numbers, group health insurance or subscriber numbers, medical benefits and entitlement information, disability access and accommodation, and information related to occupational-health, diagnosis, symptoms, treatment, prescription or medications, drug tests, billing or claims, and/or disability.
Despite statements from the defendants contending no data from the breach was misused, the plaintiffs argue that was not the case, due to plaintiff Vince Ranalli recently being notified by his bank that he had opened a new account, which he had not, and plaintiff Lou Ranalli likewise receiving four credit cards mailed to his home address within one week, none of which had he applied for.
“As of the date of the instant complaint in civil action, AHN has failed to acknowledge or confirm that its patient records were also accessed without authorization during the data breach. Upon information and belief, AHN has failed to investigate the data breach and the extent of the unauthorized access into its patients’ records maintained by CJH,” the suit says.
The suit alleges that due to security failings committed by the defendants, the personal and financial information of the plaintiffs and the members of the proposed classes have been used to fraudulently open credit card accounts.
“Defendants’ failure to maintain reasonable and adequate security procedures to protect against the theft of plaintiffs’ and the members of the proposed classes’ personal and financial information has also put members of the proposed classes at an increased and imminent risk of becoming victims of identity theft crimes, fraud and abuse, both now and into the future,” per the suit.
“In addition, plaintiffs and the members of the proposed classes have spent, or will need to spend, considerable time and money to protect themselves as a result of UPMC’s, CJH’s and AHN’s conduct. As a result of defendants’ willful, wanton, oppressive, outrageous and intentional conduct, plaintiffs and the members of the proposed classes, have been damaged financially.”
For counts of violating the Unfair Trade Practices and Consumer Protection Law, negligence, negligent performance of an undertaking to render services, breach of contract and invasion of privacy, the plaintiffs are seeking:
• Actual, consequential, statutory, economic, and/or punitive damages to plaintiffs and the class members, including restitution and disgorgement of profits and unjust enrichment that defendants obtained from plaintiffs and the class members as a result of defendants’ unlawful conduct;
• Declaratory and injunctive relief as permitted by law or equity, including enjoining defendants from continuing the unlawful conduct as set forth herein;
• Attorney’s fees and litigation costs to plaintiffs and the other members of the class; both pre- and post-judgment interest on any amounts awarded; such other and further relief as may be just and proper, and a trial by jury.
The plaintiffs are represented by Joshua P. Ward, Kyle H. Steenland and Justin M. Bahorich of J.P. Ward & Associates, in Pittsburgh.
The defendants are represented by John C. Conti of Dickie McCamey & Chilcote and Stephen S. Stallings of the Law Offices of Stephen S. Stallings, both also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-002075
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com