Frequently Asked Questions

1. Why was the Notice issued?

You received notice because you may be a member of the Settlement Class able to receive benefits from a proposed settlement of the class action lawsuit Sarah Eckhart et al. v. Orsini Pharmaceutical Services, Inc., Case No. 2024LA00000930 in Circuit Court of the 19th Judicial Circuit for Lake County, Illinois (the “Lawsuit”). The Court overseeing the Lawsuit authorized this Notice to advise Settlement Class Members about the proposed Settlement that will affect their legal rights. The Notice explains certain legal rights and options you have in connection with that Settlement.

2. What is the Lawsuit about?

The Lawsuit is a proposed class action lawsuit brought on behalf of all persons whose personally identifiable information was potentially compromised as a result of the Data Incident that Orsini learned of on or about January 10, 2024, and who were sent written notices of the Data Incident by Orsini.

3. Why is the Lawsuit a class action?

In a class action, one or more representative plaintiffs bring a lawsuit for others who are alleged to have similar claims. Together, these people are the “class” and each individually is a “class member.” There are two Plaintiffs (or Representative Plaintiffs) in this case: Sarah Eckhart and Brian Kerber.

4. Why is there a Settlement?

The Plaintiffs in the Lawsuit, through their attorneys, investigated the facts and law relating to the issues in the Lawsuit. The Plaintiffs and Class Counsel believe that the settlement is fair, reasonable, and adequate and will provide substantial benefits to the Settlement Class. The Court has not decided whether the Plaintiffs’ claims or Orsini’s defenses have any merit, and it will not do so if the proposed Settlement is approved. By agreeing to settle, both sides avoid the cost and risk of a trial, and people who submit valid claims will receive benefits from the Settlement. The Settlement does not mean that Orsini did anything wrong, or that the Plaintiffs, the Settlement Class would, or would not, win the case if it were to go to trial.

Terms of the Proposed Settlement

5. Who is in the Settlement Class?

The Settlement Class is defined as all residents of the United States who were mailed notice that their Private Information may have been affected by the Data Incident that Orsini experienced in January 2024.

Excluded from the Settlement Class are: (a) Orsini’s officers and directors; (b) any entity in which Orsini has a controlling interest; and (c) the affiliates, legal representatives, attorneys, successors, heirs, and assigns of Orsini. Also excluded are members of the judiciary to whom this case is assigned, their families and members of their staff.

6. What are the Settlement Benefits?

Identity Protection and Credit Monitoring Services
The proposed Settlement provides two years of one-bureau credit monitoring service free of charge to Settlement Class Members who timely submit a valid Claim Form.

Compensation for Documented Unreimbursed Losses
The proposed Settlement also provides compensation for documented and unreimbursed losses, up to a total of $5,000 per member of the Settlement Class. Examples of unreimbursed losses include:

1. Documented Out-of-pocket expenses incurred as a result of the Data Incident, including bank fees, long distance phone charges, cell phone charges (only if charged by the minute), data charges (only if charged based on the amount of data used), postage, or gasoline for local travel;


2. Documented Fees for credit reports, credit monitoring, or other identity theft insurance product purchased on or after January 10, 2024 through January 3, 2025;


3. Documented Monetary losses relating to fraud or identity theft, professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services, incurred as a result of the Data Incident; and

Lost Time Payments
Settlement Class Members may submit a claim to receive payment for up to 4 hours of lost time at a rate of $20.00 per hour if at least one full hour was spent dealing with the Data Incident. Compensation for unreimbursed losses (except for lost time), shall be paid only if:

1. The loss is an actual, documented, and unreimbursed monetary loss;


2. The loss was more likely than not caused by the Data Incident;


3. The loss occurred between January 10, 2024 and May 1, 2025;


4. The Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance; and


5. Documentation of the claimed losses is not “self-prepared.” Self-prepared documents, such as handwritten receipts, are, by themselves, insufficient to receive reimbursement.

Compensation for lost time requires (i) an attestation that any claimed lost time was spent related to the Data Incident between January 10, 2024, and May 1, 2025; and (ii) identification of how the claimed lost time was spent

Business Practices Changes
Orsini has implemented increased security measures to more adequately secure its systems and environments since the Data Incident.

7. What claims are Settlement Class Members giving up under the Settlement?

Settlement Class Members who do not validly exclude themselves from the Settlement will be bound by the Settlement Agreement and Release (“Settlement Agreement”), and any final judgment entered by the Court, and will give up their right to sue the Released Parties for the claims being resolved by the Settlement.

The claims that are being released and the persons and entities being released from those claims are described in the Settlement Agreement. To view the Settlement Agreement, please visit the Important Documents section of this website.

Your Options as a Settlement Class Member

8. If I am a Settlement Class Member, what options do I have?

If you are a Settlement Class Member you do not have to do anything to remain in the Settlement. However, if you want two years of credit monitoring and/or to request compensation for unreimbursed losses, you must complete and submit a Claim Form postmarked or submitted online by May 1, 2025. You may submit a Claim Form here.

If you do not want to give up your right to sue the Released Parties about the Data Incident or the issues raised in this case, you must exclude yourself (or “opt out”) from the Settlement Class. See FAQ 12 below for instructions on how to exclude yourself.

If you object to the settlement, you must remain a Settlement Class (i.e., you may not also exclude yourself from the Settlement Class by opting out) and file a written objection in this case with the Court. (See FAQ 20 below.) If you object, you must still submit a claim if you want compensation for unreimbursed losses or identity theft protection and credit monitoring services.

9. What happens if I do nothing?

If you do nothing, you will get no benefit from this Settlement. Unless you exclude yourself, after the Settlement is granted final approval and the judgment becomes final, you will be bound by the judgment and you will never be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Released Parties related to the claims released by the Settlement.

10. How do I submit a claim?

You may complete the Claim Form online here. You may also obtain a paper Claim Form by downloading it here or by calling the Claims Administrator at 1-866-675-2826. If you choose to complete a paper Claim Form, you may either submit the completed and signed Claim Form and any supporting materials electronically to info@orsinisettlement.com or mail them to:

Orsini Claims Administrator
P.O. Box 25206
Santa Ana, CA 92799

11. Who decides my Settlement claim and how do they do it?

The Claims Administrator will initially decide whether a Claim Form is complete and valid and includes all required documentation. The Claims Administrator may require additional information from any Claimant. Failure to timely provide all required information will invalidate a claim and it will not be paid.

12. How do I exclude myself from the Settlement?

You must make a signed written request that (i) clearly states that you wish to exclude yourself from the Settlement Class in this Lawsuit, and (ii) include your name, address and phone number. You must send your request by April 1, 2025 to this address:

Orsini Claims Administrator
P.O. Box 25206
Santa Ana, CA 92799

13. If I exclude myself, can I receive a benefit from this Settlement?

No. If you exclude yourself, you will not be entitled to any Settlement benefits. However, you will also not be bound by any judgment in this Lawsuit.

14. If I do not exclude myself, can I sue the Released Parties for the Data Incident later?

No. Unless you exclude yourself, you give up any right to sue the Released Parties for the claims that this Settlement resolves. You must exclude yourself from the Settlement Class to start your own lawsuit or to be part of any different lawsuit relating to the claims in this case. If you exclude yourself, do not submit a Claim Form requesting a benefit from this Settlement.

15. How do I object to the settlement?

All Settlement Class Members who do not request exclusion from the Settlement Class have the right to object to the Settlement or any part of it. You can ask the Court to deny approval by filing an objection. You can’t ask the Court to order a different settlement; the Court can only approve or reject the Settlement. If the Court denies approval, no settlement benefits will be sent out and the lawsuit will continue.

Any objection to the proposed Settlement must be in writing and it and any supporting papers must be filed with the Court and mailed to Class Counsel and Orsini’s Counsel.

Objections must be filed or postmarked no later than April 1, 2025.

To be considered by the Court, your objection must include: (a) the title of the case; (b) your name, address, and telephone number; (c) all legal and factual bases for your objection; and (d) copies of any documents that you want the Court to consider.

Should you wish to appear at the Final Approval Hearing, you must so state and must identify any documents or witnesses you intend to call on your behalf. This hearing may be held remotely, so please check the settlement website for details.

If you fail to object in this manner, you will be deemed to have waived and forfeited any and all rights you may have to appear separately and/or to object to the Settlement Agreement, and you shall be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the Litigation. The exclusive means for any challenge to the Settlement Agreement shall be through the provisions set forth in this paragraph. Without limiting the foregoing, any challenge to the Settlement Agreement, the Final Judgment and Order approving this Settlement Agreement, or the judgment to be entered upon final approval shall be pursuant to appeal under the Illinois Rules of Appellate Procedure and not through a collateral attack.

Court Approval of the Settlement

16. How, when and where will the Court decide whether to approve the Settlement?

The Court will hold a Final Approval Hearing to decide whether to approve the Settlement. That hearing is scheduled for April 30, 2025 at 9:00 a.m. in the Lake County Circuit Court, 19th Municipal District, but it may be held remotely. At the Final Approval Hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. If there are timely objections, the Court will consider them and will listen to people who have properly requested to speak at the hearing. The Court may also consider Plaintiffs’ request for attorneys’ fees and costs, and Plaintiffs’ request for service awards for the Representative Plaintiffs. After the hearing, the Court will decide whether to approve the Settlement.

It is possible the Court could reschedule the hearing to a different date or time without notice, so it is a good idea before the hearing to check this website to confirm the schedule if you wish to attend.

17. Do I have to attend the hearing?

No. You do not need to attend the hearing unless you object to the Settlement and wish to appear in person. It is not necessary to appear in person to make an objection; the Court will consider any written objections properly submitted according to the instructions in Question 15. You or your own lawyer are welcome to attend the hearing at your expense but are not required to do so.

18. What happens if the Court approves the Settlement?

If the Court approves the Settlement, there may still be appeals. If an appeal is taken, it is possible the Settlement could be disapproved on appeal. We do not know how long this process may take.

19. What happens if the Court does not approve the Settlement?

If the Court does not approve the Settlement, there will be no Settlement benefits available to Settlement Class Members, Class Counsel, or the Plaintiffs, and the case will proceed as if no Settlement had been attempted.

Lawyers for the Settlement Class and Orsini

20. Who represents the Settlement Class?

The Court has appointed the following Class Counsel to represent the Settlement Class in this Lawsuit:

Settlement Class Members will not be charged for the services of Class Counsel; Class Counsel will be paid by Orsini, subject to Court approval. However, you may hire your own attorney at your own expense to advise you in this matter or represent you in making an objection or appearing at the final settlement approval hearing.

21. How will the lawyers for the Settlement Class be paid?

Plaintiffs will seek an order from the Court requesting that attorneys’ fees be awarded to Class Counsel in the amount of $225,000 inclusive of any costs and expenses of the Litigation (the “Class Counsel Payment”).

Plaintiffs will also seek an order from the Court requesting that a Service Award in the amount of $1,500 be awarded to each of the Representative Plaintiffs for their time and effort expended on behalf of the Settlement Class in the Litigation.

If the Court awards the Class Counsel Payment or the Service Award described above, the Court’s award(s) will not affect any benefits provided to Settlement Class Members or Plaintiffs.

22. Who represents Orsini in the Lawsuit?

Orsini is represented by the following lawyers:

For Further Information

23. What if I want further information or have questions?

For additional information, please visit the Important Documents section of this website. You may also contact the Claims Administrator by mail, email or phone:

Orsini Claims Administrator
P.O. Box 25206
Santa Ana, CA 92799
info@orsinisettlement.com
866-675-2826