Hospital Español Auxilio Mutuo de Puerto Rico’s Proposed Data Breach Class Action Settlement
Hospital Español Auxilio Mutuo de Puerto Rico has reached a proposed class action settlement related to a cybersecurity incident involving unauthorized access that may have compromised the personally identifiable information (PII) and protected health information (PHI) of present and past patients.
The proposed settlement resolves claims associated with a data incident that happened on or around September 2023. The settlement website names the defendant as Hospital Español Auxilio Mutuo de Puerto Rico, Inc., also known as Auxilio Mutuo Hospital.
Case No. 3:25-cv-01244-RAM, the Jose A. Morales Rosario, et al. v. Hospital Español Auxilio Muto De Puerto Rico, Inc. lawsuit is pending in the United States District Court for the District of Puerto Rico.
The U.S. Department of Homeland Security alerted Hospital Español on September 23, 2023, about the cyberattack and data breach of the hospital’s system. The hospital’s investigation later determined that its system was compromised from August 2022 to September 2023 and that patient data was likely stolen. The breached patient information included names, contact details, medical information, medical insurance data, billing and claims data, Social Security numbers, and other government-issued ID numbers. The hospital sent notification letters to affected persons on April 21, 2025.
Lawsuit Allegations and Defendant’s Position
The settlement website mentions the following plaintiffs’ claims: breach of implied contract, negligence, and violations of state and national consumer protection regulations. The plaintiffs alleged that Hospital Español failed to use proper cybersecurity measures, didn’t efficiently monitor its system for attacks, didn’t provide adequate HIPAA training on cybersecurity to employees, and did not give prompt notifications.
Hospital Español rejected the allegations and did not admit wrongdoing.
Proposed Settlement Benefits and Schedule
The proposed settlement will create a $500,000 fund to pay settlement benefits to Class Members.
Eligible class members could file for documented out-of-pocket expenses up to $2,500 each or opt to receive an alternative cash payment of $25. Two years of free Credit and Medical Monitoring Services will also be provided.
The defendant additionally decided to individually pay Service Awards, Notice and Management Expenses, and Fee Award and Costs.
The Hospital Español will also put in place data security measures meant to reduce the risk of comparable incidents.
December 21, 2026 is the last day to submit an exemption from or objection to the settlement. The Final Approval Hearing is on January 20, 2027. The settlement website states that the hearing date may change. The court still must decide whether to grant final approval to the proposed settlement.