Frequently Asked Questions

A federal Court authorized a Notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. This Settlement Website explains the lawsuit, your legal rights, what benefits are available, and who can receive them.

The lawsuit is captioned Johnson et al. v. Physicians to Women, Inc. and Mid-Atlantic Women’s Care, PLC, 7:24-cv-00144 (In the United States District Court for the Western District of Virginia).  The people that filed this lawsuit are called the “Plaintiffs” and the companies they sued, Physicians to Women, Inc. and Mid-Atlantic Women’s Care, PLC, are called the “Defendants.”
 

This lawsuit alleges that Personal Information was impacted by the Security Incident that affected Physicians to Women, Inc. and Mid-Atlantic Women’s Care, PLC in or around April 2023. The following types of information were present in the affected files that were accessed and acquired by the unauthorized actor: names, Social Security numbers, dates of birth, and medical/health information.

Physicians to Women, Inc. and Mid-Atlantic Women’s Care, PLC deny all of the Plaintiffs’ claims and maintains that they did not do anything wrong.
 

In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals who sue are known as “Settlement Class Representatives” or “Plaintiffs.” Together, the people included in the class action are called a “Settlement Class” or “Settlement Class Members.” One court resolves the lawsuit for all Settlement Class Members, except for those who exclude themselves (sometimes called, “opting out”) from a settlement. In this Settlement, the Class Representatives are Latoya Johnson, Janet Hall and Virginia Trupia-Lash.

The Court did not decide in favor of the Plaintiffs or the Defendants. The Defendants deny all claims and contend that they have not violated any laws. Plaintiffs and the Defendants agreed to a Settlement to avoid the costs and risks of a trial, and through the Settlement, Settlement Class Members are eligible to claim payments and other benefits. The Plaintiffs and their attorneys, who also represent the Settlement Class Members, think the Settlement is best for all Settlement Class Members. 

The Settlement Class consists of all individuals who reside in the United States whom Defendants identified as having data at issue in the Security Incident.

Yes. Excluded from the Settlement Class are (i) Physicians to Women, Inc., its officers and directors; (ii) Mid-Atlantic Women’s Care, PLC, its officers and directors; (iii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iv) any judges assigned to this case and their staff and family; and (v) any other 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 Security Incident or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing, or writing to the Settlement Administrator at:

Toll-Free: (833) 421-9603

[email protected]

Johnson v. Physicians to Women and Mid-Atlantic Women’s Care, 
c/o Kroll Settlement Administration LLC
 PO Box 5324
 New York, NY 10150-5324

You may also view the Settlement Agreement and Release (“Settlement Agreement”) by visiting the Documents page of this Settlement Website.

Please do not contact the Court with questions.

If approved by the Court, Defendant MAWC will establish a Settlement Fund of $918,510 to pay all Approved Claims submitted by the Settlement Class, together with Settlement Administration Notice, Costs and Expenses, attorneys’ fees and costs, and any Service Award Payment.

If you received a notice from Defendants concerning the Security Incident, you may submit a Claim Form.

The Settlement will provide two (2) years of one-bureau Credit Monitoring Services, medical monitoring, and identity protection services to all Settlement Class Members who submit a valid and timely claim for Credit Monitoring Services. Even if Settlement Class Members previously accepted the Defendants’ offer of complimentary credit monitoring services, they may still claim this benefit.
The Settlement will also provide cash payments to people who submit valid and timely Claim Forms.

There are two types of payments that are available to Settlement Class Members:

(1)    Reimbursement of up to $10,000 in Out-of-Pocket Losses per claimant, subject to a pro rata (proportional) adjustment depending upon the number of valid claims; and

(2)    A pro rata (proportional) share of the Net Settlement Fund.
 

Unless you opt out of the Settlement, you cannot sue, continue to sue, or be part of any other lawsuit against the Defendants about any of the legal claims this Settlement resolves. The “Releases” section in the Settlement Agreement describes the legal claims that you give up if you remain in the Settlement Class. The Settlement Agreement can be found on the Documents page of this Settlement Website.

Claim Forms may be submitted online via this Settlement Website or download and print a copy from the Documents page and mail to the Settlement Administrator at: Johnson v. Physicians to Women and Mid-Atlantic Women’s Care, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

You may also contact the Settlement Administrator to request a Claim Form by telephone (833) 421-9603, by email [email protected], or by U.S. mail at the address above.

If you submit a Claim Form by U.S. mail, the completed and signed Claim Form must be postmarked by September 9, 2025. If submitting a Claim Form online, you must do so by September 9, 2025. 

The short answer is – after the Settlement is “finally approved” and challenges, if any, to that approval are finally resolved. The Court is scheduled to hold a Final Approval Hearing on September 2, 2025 at 2:00 p.m. ET, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a Service Award Payment to the Class Representatives who brought this Action on behalf of the Settlement Class.

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 payments will be distributed as soon as possible, if and when the Court grants final approval to the Settlement and after any appeals are resolved.
 

Yes, the Court appointed Andrew Shamis of Shamis & Gentile, P.A., Raina Borrelli of Strauss Borrelli PLLC and David Lietz of Milberg Coleman Bryson Phillips Grossman, LLC, to represent you and other members of the Settlement Class (“Settlement Class Counsel”). You will not be charged directly for these lawyers; instead, they will receive compensation from the Settlement Fund, (subject to Court approval).

If you want to be represented by your own lawyer, you may hire one at your own expense
 

It is not necessary for you to hire your own lawyer because Settlement Class Counsel works for you. If you want to be represented by your own lawyer, you may hire one at your own expense.

Settlement Class Counsel’s attorneys’ fees, costs, and expenses will be paid from the Settlement Fund in an amount determined and awarded by the Court of no more than $306,139.38 in attorney’s fees and $20,000 in reasonable expenses. Settlement Class Counsel is entitled to seek no more than one third (33%) of the Settlement Fund as reasonable attorneys’ fees, subject to Court approval. As approved by the Court, the Settlement Class Representatives will each be paid a service award from the Settlement Fund for bringing and settling the case. The Settlement Class Representatives will seek no more than $5,000 each as a Service Award Payment, but the Court may award less than this amount. 

If you do not want to receive any benefits from the Settlement, and you want to keep your right to separately sue the Defendants about the legal issues in this case, you must take steps to exclude yourself from the Settlement Class. This is called "Opting Out” of the Settlement Class. The Opt-Out deadline to submit a Request for Exclusion from the Settlement is August 11, 2025.

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

• the case name: Johnson et al. v. Physicians to Women, Inc. and Mid-Atlantic Women’s Care, PLC, Civil Action No. 7:24-cv-00144-MFU-CKM (In the United States District Court for the Western District of Virginia);
• your full name;
• current address;
• personal signature; and
•  the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the Settlement.

Your Request for Exclusion must be mailed to the Settlement Administrator at the address below, postmarked no later than August 11, 2025.
 

Johnson v. Physicians to Women and Mid-Atlantic Women’s Care 
c/o Kroll Settlement Administration LLC
ATTN: Exclusion Request
PO Box 5324
New York, NY 10150-5324

If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You may only exclude yourself – not any other person.
 

If you are a Settlement Class Member, you can choose (but are not required) to object to the Settlement if you do not like it or a portion of it, whether that be to the Settlement benefits, the request for attorneys’ fees or Service Award Payment, the releases provided to the Defendants, or some other aspect of the Settlement. Through an objection, you give reasons why you think the Court should not approve the Settlement.

For an objection to be considered by the Court, the objection must include: (i) the name of the proceedings; (ii) the Settlement Class Member’s full name and current mailing address; (iii) a statement that states with specificity the grounds for the objection, as well as any documents supporting the objection; (iv) the identity of any attorneys representing the objector; (v) a statement regarding whether the Settlement Class Member (or his/her attorney) intends to appear at the Final Approval Hearing; (vi) a statement identifying all class action settlements objected to by the Settlement Class Member in the previous five (5) years; and (vii) the signature of the Settlement Class Member or the Settlement Class Member’s attorney.

Any Settlement Class Member who does not file a timely and adequate objection in accordance with the above paragraph waives the right to object to the Settlement at the Final Approval Hearing and shall be bound by the terms of the Settlement Agreement and by all orders and judgments in the Action.

Objections must be filed with the Court no later than August 11, 2025.
 

Clerk of the Court 
210 Franklin Road S.W., Suite 540
Roanoke, VA 24011
 

A copy of your objection also must be mailed to the Settlement Administrator at the address below, postmarked no later than August 11, 2025.

Physicians to Women and Mid-Atlantic Women’s Care
c/o Kroll Settlement Administration LLC
ATTN: Objections
PO Box 5324
New York, NY 10150-5324
 

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 means telling the Court you do not want to be part of the Settlement. If you exclude yourself/opt out of the Settlement, you cannot object to it because the Settlement no longer affects you.

The Court is scheduled to hold a Final Approval Hearing on September 2, 2025 at 2:00p.m. ET, at 210 Franklin Road, SW, Roanoke, VA 24011, Courtroom 1, to decide whether to approve the Settlement, how much attorneys’ fees and costs to award to Settlement Class Counsel for representing the Settlement Class, and whether to award a Service Award Payment to each Class Representative who brought this Action on behalf of the Settlement Class. If you are a Settlement Class Member, you or your attorney may ask permission to speak at the hearing at your own cost. If you do not like the Settlement, remember you may object to it, but you have to follow certain requirements (see FAQ 16). The date and time of this hearing may change without further notice.  Please continue to check this Settlement Website Home page for updates.

No. Settlement 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 may, but you do not have to come to the Final Approval Hearing to talk about it. If you file your written objection on time and in accordance with the requirements above, the Court will consider it. You may also pay your own lawyer to attend, but such attendance is not necessary for the Court to consider an objection that was filed on time and meets the requirements above.

If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against the Defendants and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition, you will be bound by the releases of the Released Parties in the Settlement and not be eligible to receive a Settlement payment or other benefits from this Settlement.

This Settlement Website summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on this Settlement Website Documents page.

If you have additional questions, you may contact the Settlement Administrator by email, phone, or mail:

Email: [email protected]

Toll-Free: (833) 421-9603

Mail: Physicians to Women and Mid-Atlantic Women’s Care, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324.

Publicly filed documents can also be obtained by visiting the Roanoke Courthouse of the United States District Court for the Western District of Virginia or by reviewing the Court’s online docket. For those planning to visit the Court for more information, please contact the Court for its regular business hours and for any costs associated with obtaining documents maintained by the Court. 

You may also contact Settlement Class Counsel, as follows: 
 

Andrew J. Shamis
SHAMIS & GENTILE, P.A.
14 NE 1st Ave, Suite 705
Miami, FL 33132
[email protected]
 

Raina Borrelli
STRAUSS BORRELLI PLLC
[email protected]
 

David Lietz
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
[email protected]
 

PLEASE DO NOT CONTACT THE COURT, PHYSICIANS TO 
WOMEN INC. OR MID-ATLANTIC WOMEN’S CARE, PLC.