Frequently Asked Questions

A Court authorized this notice because you have the right to know about the proposed Settlement of this class action lawsuit and all of your rights and options before the Court decides to grant Final Approval of the Settlement. This notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

The Honorable Evan Jones of the Superior Court of Washington for Whatcom County is overseeing this case, titled In re: Mt. Baker Imaging, LLC, Data Security Litigation, Case No. 25-2-00463-37 (the “Action”). The persons who filed the lawsuits are called the “Representative Plaintiffs” or “Settlement Class Representatives,” and Mt. Baker Imaging, LLC and Northwest Radiologists, Inc., P.S. are the “Defendants.”

Plaintiffs filed an operative Consolidated Class Action Complaint on June 13, 2025 (“Consolidated Complaint”) arising from the ransomware attack experienced by Defendants on or about January 20, 2025, through on or about January 25, 2025, in which cybercriminals accessed and exfiltrated confidential personally identifiable information (“PII”) and protected health information (“PHI”) (collectively, “Private Information”) belonging to Plaintiffs and nearly 340,184 Class Members (the “Data Security Incident”).

Plaintiffs brought this lawsuit against Defendant alleging that Plaintiffs’ and Class Members’ Private Information was accessed and stolen from the Defendants’ computer network as a result of the Defendants’ failure to implement and maintain necessary data security safeguards. Plaintiffs allege that the Defendants’ unlawful conduct caused damages to Plaintiffs and Class Members, stemming from the invasion of their privacy and the theft of their Private Information.

Without acknowledging or admitting any fault or liability on the part of the Defendants, the Settling Parties have agreed to enter into this Agreement as a reasonable and appropriate compromise of Plaintiffs’ and Class Members’ claims to put to rest all controversy and to avoid the uncertainty, risk, and/or expense of burdensome, protracted, and costly litigation that would be involved in pursuing and defending this Action.

In a class action, one or more people (called plaintiff(s) or class representative(s)) sue on behalf of all people who have similar legal claims. Together, all these people are called a “class” or “class members.” If the plaintiffs and defendants reach a settlement, the court resolves the issues for all class members via the settlement, except for those class members who timely opt out (exclude themselves) from the settlement.

The proposed “Settlement Class Representatives” or “Representative Plaintiffs” in this lawsuit are Plaintiffs Genevieve Bardwell, Jeff Eberlein, Thomas Schumann, Daniel Uitdenhowen, Michael Barr, Leslie Swope, Marc Daniel, and Joanne Herman.

Plaintiffs and Defendant do not agree about the legal claims made in the Action. The Action has not gone to trial, and the Court has not decided in favor of Plaintiffs or Defendant. Instead, Plaintiffs and Defendant have agreed to settle the Action. The Class Representatives believe the Settlement is best for all individuals in the Settlement Class because of the benefits available to the Settlement Class and the risks and uncertainty associated with continuing the Action.

You are part of the Settlement Class if you are a living person residing in the United States whose Private Information was potentially or actually compromised in the Data Security Incident that occurred between January 20 and January 25, 2025. There are approximately 340,184 Settlement Class Members.

Yes. The Settlement specifically excludes all persons who are directors or officers of Defendants, the Judge assigned to the Action, and that Judge’s immediate family and Court staff.

If you are still not sure whether you are a Settlement Class Member, you may call the Claims Administrator’s toll-free telephone number at 1-855-699-7006 or send an email to: info@MtBakerDataSettlement.com.

If you are a Settlement Class Member and you timely submit an approved claim, you may be eligible for the following Settlement benefits:

(1)  Reimbursement for Out-of-Pocket Losses:

All Settlement Class Members may submit a claim for reimbursement of documented Out-of-Pocket losses incurred as a direct result of the Data Security Incident, up to $5,000.

Examples of documented Out-of-Pocket losses include unreimbursed losses related to fraud or identity theft, as well as credit monitoring expenses incurred between the time of the Data Security Incident and the time you submit your claim. Other eligible expenses may include postage, copying, scanning, faxing, mileage and travel-related charges, parking, notary and research fees, and certain phone-related costs such as cell phone charges billed by the minute, long distance calls, data charges billed by usage, and text message charges billed per message. You may also claim bank fees, accountant fees, and attorneys’ fees. All expenses must be directly connected to the Data Security Incident and cannot have been reimbursed by another party.

Settlement Class Members seeking reimbursement must complete and submit a Claim Form to the Claims Administrator, postmarked or submitted online on or before August 19, 2026. The Claim Form must be verified by the Settlement Class Member with a statement that his or her claim is true and correct, to the best of his or her knowledge and belief. Notarization shall not be required. Claims for Out-of-Pocket Losses must be attested to and supported by third party documentation substantiating the full extent of the amount claimed. Failure to provide such supporting documentation, as requested on the Claim Form, shall result in denial of a claim.

AND

(2)  Pro Rata Cash Fund Payment:

All Settlement Class Members are eligible to make a claim for a Pro Rata Cash Fund Payment, regardless of whether they make a claim for Out-of-Pocket Losses. The Pro Rata Cash Fund Payments will evenly distribute the net amount of the Settlement Fund, after payment of all approved claims for Out-of-Pocket Losses, Medical Identity-Theft Protection and Monitoring, Notice and Administration Expenses, and any Fee and Expenses Award, and Service Awards, to each Settlement Class Member who submits a valid claim.

AND

(3)  Medical Identity-Theft Protection and Monitoring:

All Settlement Class Members may submit a Claim for Medical Identity-Theft Protection and Monitoring, the costs of which will be paid out of the Settlement Fund. Settlement Class Members are eligible to receive two (2) years of Medical Shield Complete, a medical information protection and monitoring service offered through CyEx. This service monitors medical and healthcare data to determine whether consumers’ private health information is at risk or has been exposed to medical fraud and comes with single-bureau credit monitoring. Class Members may claim this service regardless of whether they make a claim for Out-of-Pocket Losses or Pro Rata Cash Fund Payments. Settlement Class Members will need to submit a claim and enroll in the program to receive this benefit.

Business Practice Commitments:

Defendants will improve their data security and keep those improvements in place for five years. These upgrades are meant to safeguard Private Information from future cyberattacks. The cost of these improvements is included in the total Settlement Benefits.

Unless you opt out of the Settlement, you are choosing to remain in the Settlement Class. If the Settlement is approved and becomes final, all Court orders will apply to you and legally bind you. You will not be able to sue, continue to sue, or be part of any other lawsuit against the Released Parties, including Defendants, about the legal issues in this lawsuit that are released by this Settlement. The specific rights you are giving up are called “Released Claims.”

The Settlement Agreement Section VIII describes the Released Claims in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available HERE or in the public Court records on file in this lawsuit. For questions regarding the Release and what the language in the Settlement Agreement means, you can also contact Class Counsel listed in Question 15 for free, or you can talk to your own lawyer at your own expense.

To receive any of the Settlement Benefits described in Question 8, you must submit a Valid Claim, postmarked or submitted online by August 19, 2026. Claim Forms may be submitted online HERE or printed from the Settlement Website and mailed to the Claims Administrator at the address on the Claim Form. The quickest way to submit a Claim is online. Claim Forms are also available by calling 1-855-699-7006 or by writing to:

Mt. Baker Claims Administrator
P.O. Box 1711
Baton Rouge, LA 70821

Claim Forms must be submitted online or by mail postmarked by August 19, 2026.

If you change your mailing address or email address after you submit a Claim Form, it is your responsibility to inform the Claims Administrator of your updated information. You may notify the Claims Administrator of any changes by calling 1-855-699-7006 or by writing to:

Mt. Baker Claims Administrator
P.O. Box 1711
Baton Rouge, LA 70821

If you submit a timely and approved claim, payment will be made to you by the Claims Administrator after the Settlement is approved by the Court and becomes final.

It may take time for the Settlement to be approved and become final. Please be patient and check the Home Page for updates.

If you submit a timely Claim Form for payment, and if your claim and the Settlement are finally approved, you will be sent an electronic payment to the electronic payment option that you select when you file your claim or will be sent a paper check if you select that option. Several electronic payment options will be available, or you can elect to receive a physical check. Please ensure you have provided a current and complete email address. If you select a paper check, the Claims Administrator will attempt to send you a check relying on your physical address submitted on your Claim Form.

Yes, the Court has appointed Elena A. Belov of Almeida Law Group LLC, M. Anderson Berry of Emery Reddy PC, and Kaleigh N. Boyd of McNaul Ebel PLLC as Class Counsel to represent you and the Settlement Class for the purposes of this Settlement. You may hire your own lawyer at your own cost and expense if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel may be contacted at the following addresses and phone numbers:

Plaintiffs shall seek an award of attorneys’ fees not to exceed one-third ($1,100,000) of the $3,300,000 Settlement Fund described in Question 8 above, which award shall be subject to Court approval. Plaintiffs will also move the Court for an award of their reasonable costs and expenses. The Claims Administrator shall, from the Settlement Fund, pay the attorneys’ fees and expenses approved by the Court up to the agreed maximum.

If you do not want to be bound by the Settlement, you must mail a written request for exclusion to the Claims Administrator, postmarked by July 20, 2026. Your request must include:

1. 1. The case name (In re: Mt. Baker Imaging, LLC, Data Security Litigation);
   2. Your full name and current address;
   3. A statement indicating your request to be excluded from the Settlement Class; and
   4. Your physical signature as a Settlement Class member.

The opt out request must be mailed to the Claims Administrator at the following address, and be postmarked by July 20, 2026:

Mt. Baker Claims Administrator
ATTN: Exclusions
P.O. Box 1711
Baton Rouge, LA 70821

You cannot opt out by telephone or by email.

“Mass” or “class” requests for exclusion filed by third parties on behalf of a “mass” or “class” of Settlement Class Members or multiple Settlement Class Members where an opt out has not been signed by each and every individual Settlement Class Member will not be allowed.

No. If you opt out, you will not be entitled to receive any Settlement Benefits, but you will not be bound by any judgment in this lawsuit. You can only get Settlement Benefits if you stay in the Settlement and submit a valid claim.

No. Unless you opt out, you give up any right to sue Defendants and other Released Parties for the legal claims this Settlement resolves and Releases relating to the Data Security Incident. You must opt out of the lawsuit to start or continue with your own lawsuit or be part of any other lawsuit against Defendants or other Released Parties. If you have a pending lawsuit, speak to your lawyer in that case immediately.

If you are a Settlement Class Member, you can tell the Court you do not agree with all or any part of the Settlement and/or Class Counsel’s motion for Attorneys’ Fees and Expenses.

To object, you must mail a timely, written objection stating that you object. Your objection must be postmarked by July 20, 2026.

The objection must also include all of the following information:

1. 1. The objector’s full name and address;
   2. The case name and docket number – In Re: Mt. Baker Imaging, LLC, Data Security Litigation, No. 25-2-00463-37 (Washington State Superior Court for Whatcom County);
   3. Information identifying the objector as a Settlement Class Member, including proof that the objector is a Settlement Class Member (e.g., copy of the objector’s settlement notice, copy of original notice of the Data Security Incident, or a statement explaining why the objector believes he or she is a Settlement Class Member);
   4. A written statement of all grounds for the objection, accompanied by any legal support for the objection the objector believes applicable;
   5. The identity of any and all counsel representing the objector in connection with the objection;
   6. A statement whether the objector and/or his or her counsel will appear at the Final Approval Hearing; and
   7. The objector’s signature.

To be timely, written notice of an objection in the appropriate form must be mailed and postmarked by July 20, 2026, to the Claims Administrator at:

Mt. Baker Claims Administrator
ATTN: Objections
P.O. Box 1711
Baton Rouge, LA 70821

Any Settlement Class Member who fails to comply with the requirements for objecting detailed above will waive and forfeit any and all rights they may have to appear separately and/or to object to the Settlement Agreement and will be bound by all the terms of the Settlement Agreement and by all proceedings, orders, and judgments in the lawsuit.

Objecting is simply telling the Court you do not like something about the Settlement or requested attorneys’ fees and expenses. You can object only if you stay in the Settlement Class (meaning you do not opt out of the Settlement). Opting out of the Settlement is telling the Court you do not want to be part of the Settlement Class or the Settlement. If you opt out, you cannot object to the Settlement.

The Court will hold a Final Approval Hearing on August 21, 2026, at 1:30 p.m. PT before the Honorable Evan Jones, Superior Court of Washington for Whatcom County, located at 311 Grand Avenue, Suite 501, Bellingham, WA 98225.

At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate and decide whether to approve the Settlement, Class Counsel’s Application for Attorneys’ Fees and Expenses, and Service Awards. If there are objections, the Court will consider them. The Court will also listen to Settlement Class Members who have asked to speak at the hearing.

Note: The date and time of the Final Approval Hearing are subject to change. The Court may also decide to hold the hearing remotely. Any change will be posted HERE.

No. Class Counsel will answer any questions the Court may have. However, you are welcome to attend at your own expense. If you mail an objection, you do not have to attend the Final Approval Hearing to speak about it. As long as you mail your written objection on time, the Court will consider it.

Yes, as long as you do not opt out, you can (but do not have to) participate and speak for yourself at the Final Approval Hearing. This is called making an appearance. You also can have your own lawyer speak for you, but you will have to pay for the lawyer yourself.

If you want to appear, or if you want your own lawyer instead of Class Counsel to speak for you at the Final Approval Hearing, you must follow all of the procedures for objecting to the Settlement listed in Question 20 above—and specifically include a statement whether you and your lawyer will appear at the Final Approval Hearing.

If you are a Settlement Class Member and you do nothing, you will not receive any Settlement Benefits, and you will give up rights explained in the “Opting Out of the Settlement” section of this notice, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against any of the Released Parties, including Defendants, about the legal issues in this lawsuit that are released by the Settlement Agreement relating to the Data Security Incident.

This Notice summarizes the proposed Settlement. Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available HERE, by calling 1-855-699-7006, or by writing to:

Mt. Baker Claims Administrator
P.O. Box 1711
Baton Rouge, LA 70821