Mount Nittany Health’s $1.8M settlement over tracking software gets preliminary approval
A Centre County judge granted preliminary approval Monday to the $1.8 million settlement that would see small payments go to tens of thousands of Mount Nittany Health patients.
Centre County Judge Brian Marshall gave an initial thumbs-up to the deal that would put money into the pockets of about 74,000 Pennsylvania residents who accessed Mount Nittany’s website and patient portal since 2007.
People who are eligible can expect to receive notice of the settlement by mail or email within 30 days. Claims could be submitted through a settlement website or by mail. People may also choose to opt out.
Attorney Foster C. Johnson, one of the attorneys who filed the lawsuit on behalf of two Centre County residents identified only as John and Jane Doe, wrote in a court document that the settlement was an “outstanding result” that will provide “extraordinary relief.”
The class-action lawsuit accused Mount Nittany of operating tracking software capable of sharing private medical information with third parties such as Facebook and Google. The filing claimed the Big Tech companies would then share that private information to advertisers who would use the data to tailor targeted advertisements.
In addition to settlement payments, those who submit a valid claim would receive a one-year subscription to credit protection and monitoring service Privacy Shield Pro. Mount Nittany must also take steps to ensure its websites and patient portal complies with the federal law that restricts the release of medical information.
The health system admitted no wrongdoing or liability in the agreement. Instead, the settlement said the two sides came together after extensive negotiations to avoid the “burden, expense, risk, and uncertainty” of litigation.
In a written statement after the agreement was made public last month, Mount Nittany said it was one of many other health systems sued nationwide in cases that challenged the use of what they described as “common marketing tools frequently used on websites to improve user experience.”
The health system also said it prioritizes patient privacy and deeply values the “trust placed in us to protect medical information.”
“No data breach occurred, no medical records were shared, and no protected health information was disclosed,” a health system spokesperson wrote in a statement. “As stewards of Mount Nittany Health’s time and resources, we chose to settle rather than engage in a lengthy, expensive, and uncertain litigation process. This does not imply wrongdoing, as the court has found no fault on the part of Mount Nittany Health.”
A final approval hearing is set for May 12.