Lehigh Valley Health Network seeks dismissal of data breach suit

Terrie Morgan-Besecker, The Times-Tribune, Scranton, Pa.
·2 min read

May 26—Attorneys for Lehigh Valley Health Network argue a class-action lawsuit related to a data breach should be dismissed because the plaintiff failed to present sufficient evidence to show the hospital was negligent.

LVHN reported in February that hackers posted sensitive photos and information of patients at its Lackawanna County-based Delta Medix locations to the dark web after the organization refused to pay the ransom hackers demanded.

The lawsuit, filed in March, seeks damages for the lead plaintiff, identified as Jane Doe to protect her privacy, and all other patients whose information was exposed in the cyberattack. The case was initially filed in Lackawanna County Court, but LVHN transferred the matter to federal court in April.

In a recently filed motion, attorneys for LVHN say the suit fails to identify specific shortcomings in the security network that led to the breach, which they contend is required for the case to proceed.

"Plaintiff's complaint rests entirely on the bare assumption that because the security incident occurred, LVHN must be liable," attorney Phyllis Sumner of Atlanta says in the motion. "This conclusory allegation is insufficient to state any claims for relief."

In a reply to the motion, Philadelphia attorney Patrick Howard acknowledges he does not yet know exact details of how the system was compromised because that information is known only by LVHN. Patrick said the complaint notes LVHN knew Delta Medix, which it acquired in December 2021, was the subject of a prior data breach, and therefore should have known security measures were not adequate.

"Clearly, LVHN reasonably should have known its IT system had inadequate data security measures to protect patient information," Howard said. "At this stage, and without the benefit of discovery, plaintiff's factual allegations are sufficient."

The motion is one of two pending before the court. Howard also challenged LVHN's transfer of the case to federal court. A judge will review each of the motions and rule at a later date.

Contact the writer:

tbesecker@timesshamrock.com; 570-348-9137;

@tmbeseckerTT on Twitter.