1. Why was a notice issued?
2. What is this lawsuit about?
3. What is a class action?
4. Why is there a settlement?
5. Who is included in the Settlement?
6. Are there exceptions to being included?
7. What does the Settlement provide?
8. What claims am I releasing if I stay in the Settlement Class?
9. How do I submit a claim for a Settlement benefit?
10. Are there any important Settlement payment deadlines?
11. When will the Settlement benefits be issued?
12. Do I have a lawyer in the case?
13. Should I get my own lawyer?
14. How will Class Counsel be paid?
15. How do I opt out of the Settlement?
16. How do I tell the Court if I like or do not like the Settlement?
17. What is the difference between objecting and excluding?
18. When is the Court’s Final Approval Hearing?
19. Do I have to come to the Final Approval Hearing?
20. What happens if I do nothing at all?
21. How do I get more information?
The Superior Court of Hillsborough County, New Hampshire, authorized a Notice. 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. The Notice and this website explain the lawsuit, your legal rights, what benefits are available, and who may receive them.
The lawsuit is called Montambeault, et al. v. Concord Orthopaedics Professional Association, Case No. 217-2025-CV-00292. It is pending in the Superior Court of Hillsborough County, New Hampshire. The people who filed this lawsuit are called the “Plaintiffs” (or “Class Representatives”) and the company they sued, Concord Orthopaedics Professional Association, is called the “Defendant.”
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This lawsuit alleges that during a November 2024 targeted cyberattack on Concord Orthopaedics’ computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; dates of birth; Social Security numbers; appointment information; health insurance information; and driver’s licenses or state identification numbers.
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In a class action, one or more individuals sue on behalf of other people with similar claims. These individuals are called the “Plaintiffs” or “Class Representatives.” 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 opt out from the Settlement. In this Settlement, the Class Representatives are Karen Desmarais; Kiri Chapman on behalf of her minor child P.C.; Andrea Main; Patricia Ansley; Claire Washburn; James Wallen on behalf of his minor child A.W.; Lisa Giguere; Torey Duggan; Michael Leblanc; Jonathan Paquet; Jenny Harrington; and Shawn Hennessey. Together, these individuals, along with all those who received notification of the Data Breach, constitute the Settlement Class Members.
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The Court did not decide whether the Plaintiffs or the Defendant are right. Both sides have agreed to a settlement to avoid the costs and risks of a trial and to allow the Settlement Class Members to receive benefits from the Settlement. The Plaintiffs and their attorney think the Settlement is best for all Settlement Class Members.
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The Court has defined the Class this way: “All individuals within the United States whose Private Information was accessed in the Data Breach.”
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Yes. Excluded from the Class are: (1) the judges presiding over this Action, and members of their direct families; (2) the Defendant, its subsidiaries, parent companies, successors, predecessors, and any entity in which Defendant or its parents have a controlling interest, and any of their current or former officers and directors; and (3) anyone who validly excludes themselves from the Settlement.
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Concord Orthopaedics has agreed to pay for a number of different benefits. All Settlement Class Members may enroll in a year of Medical Shield Monitoring and/or one or more of the cash payment options described below.
Medical Shield Monitoring. All Settlement Class Members are eligible to enroll in one year of CyEx Medical Shield Complete. This comprehensive service comes with $1 million of medical identity theft insurance, and includes monitoring for:
healthcare insurance ID exposure
Medical Record Number (MRN) exposure
unauthorized Health Savings Account (HSA) spending
If anything suspicious happens, you will be able to talk to a fraud resolution agent to help fix any problems.
Cash Payment Options
Cash Payment A – Documented Losses. If you incurred actual, documented out-of-pocket losses for fraud or identity theft due to the Data Breach, you can get back up to $3,000.00 subject to approval and proper documentation. The losses must have occurred between November 21, 2024, and July 8, 2026. This benefit covers out-of-pocket expenses like:
losses because of identity theft or fraud
fees for credit reports, credit monitoring, or freezing and unfreezing your credit
cost to replace your IDs
postage to contact banks by mail
You must send proof, like bank statements or receipts, to show how much you spent or lost. You can also send notes or papers you made yourself to explain or support other proof, but those notes or papers alone are not enough to make a valid claim. Your proof or notes should show that your expenses were because of the Data Incident.
You cannot claim a payment for expenses that have already been reimbursed by a third party.
You may choose either Cash Payment B for Lost Time or Cash Payment C as an Alternative Cash option, but not both.
Cash Payment B – Lost Time. Settlement Class Members who spent time responding to the Data Breach may claim up to four hours, at $25.00 per hour, for a maximum of $100.00. You must have spent the time on tasks related to the Data Breach. Some examples include things like:
changing your passwords
investigating suspicious activity in your accounts
researching the Data Breach
Cash Payment C – Alternate Cash. Instead of a cash payment option for Lost Time, you may claim a one-time $50.00 cash payment. You do not have to provide any proof or explanation to claim this payment.
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If you stay in the class, you won’t be able to be part of any other lawsuit against Concord Orthopaedics about the issues that this Settlement covers. The “Releases” section of the Settlement Agreement (Section X) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
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The fastest way to submit your Claim Form is online here. If you prefer, you can download a printable Claim Form here and mail it to the Settlement Administrator at:
Concord Orthopaedics Data Breach Settlement
c/o Settlement Administrator
P.O. Box 25226
Santa Ana, CA 92799-9958
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If you are submitting a Claim Form online here, you must do so by July 8, 2026. If you are downloading a Claim Form here and sending by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than July 8, 2026.
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The Court will hold a Final Approval Hearing on June 23, 2026 (see FAQ 18). If the Court approves the Settlement, there may be appeals. We do not know if appeals will be filed, or how long it will take to resolve them if they are filed.
Settlement payments will be distributed if the Court grants final approval, and after any appeals are resolved.
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Yes, the Court has appointed attorney Leanna A. Loginov of Shamis & Gentile, P.A., to represent you and other Settlement Class Members (“Class Counsel”).
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You will not be charged for Class Counsel’s services. If you want your own lawyer, you may hire one at your expense.
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Class Counsel will ask the Court to approve $200,000.00 as reasonable attorney’s fees and costs of litigation. This amount will be paid by Concord Orthopaedics.
Class Counsel will also ask for Service Award payments of $1,500.00 for each of the Class Representatives. Service Award payments will also be paid by Concord Orthopaedics.
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If you do not want to be part of the Settlement, you must formally exclude yourself from the Settlement. This is called a Request for Exclusion and is sometimes also called “opting out.” If you opt out, you will not receive Settlement Class Member Benefits or payment. However, you will keep any rights you may have to sue Concord Orthopaedics on your own about the legal issues in this case.
If you exclude yourself, you are telling the Court that you do not want to be part of the Settlement. You will not be eligible to receive any Settlement Class Member Benefits if you exclude yourself. The deadline to exclude yourself from the Settlement is May 26, 2026.
To be valid, your Request for Exclusion must have the following information:
the name of the Litigation: Montambeault, et al. v. Concord Orthopaedics Professional Association, Case No. 217-2025-CV-00292, pending in the Superior Court of Hillsborough County, New Hampshire;
your full name, mailing address, telephone number, and email address (if any);
personal signature; and
the words "Request for Exclusion" or a clear and similar statement that you do not want to participate in the Settlement.
You may only exclude yourself—not any other person.
Mail your Request for Exclusion to the Settlement Administrator at:
Concord Orthopaedics Data Breach Settlement
ATTN: Exclusion Request
P.O. Box 25226
Santa Ana, CA 92799-9958
Your Request for Exclusion must be postmarked by May 26, 2026.
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If you are a Settlement Class Member and do not like part or all of the Settlement, you may object to it. Objecting means telling the Court your reasons for why you think the Court should not approve the Settlement. The Court will consider your views.
You may not object if you have excluded yourself from the Settlement (see FAQ 15)
You must provide the following information for the Court to consider your objection:
the name of the Litigation: Montambeault, et al. v. Concord Orthopaedics Professional Association, Case No. 217-2025-CV-00292, pending in the Superior Court of Hillsborough County, New Hampshire;
your full name, mailing address, telephone number, and email address (if any);
a clear description of all the reasons you object; include any legal support, such as documents, you may have for your objection;
if you or your lawyer have objected in any other cases in the past five years, list the names, courts, the orders ruling on your objections, and civil action numbers for each of those cases;
if you have hired your own lawyer to represent you for this objection, provide their name(s), bar number(s), and contact information;
whether or not you or your lawyer would like to speak at the Final Approval Hearing;
if you plan on calling witnesses or submitting documents at the Final Approval Hearing, provide a full list of both;
your signature (if you have hired your own lawyer, their signature is not sufficient).
For your objection to be considered, it must meet each of these requirements.
To be considered by the Court, you must file your complete objection with the Clerk of Court by May 26, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and Defendant’s Counsel.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | Concord Orthopaedics Data Breach Settlement |
Class Counsel | Defendant’s Counsel |
Leanna A. Loginov | Robert R. Lucic |
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Objecting is telling the Court that you do not like something about the Settlement. You may object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is opting out and stating to the Court that you do not want to be part of the Settlement. If you opt out of the Settlement, you may not object to it because the Settlement no longer affects you.
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The Court will hold a Final Approval Hearing on June 23, 2026, at 10:00 a.m. Eastern Time, in the Superior Court of Hillsborough County, New Hampshire, at 300 Chestnut St., Manchester, NH 03101.
At the Final Approval Hearing, the Court will decide whether to approve the Settlement. The Court will also decide how Class Counsel should be paid, and whether to award Service Award payments to the Class Representatives. The Court will also consider any objections to the Settlement.
If you are a Settlement Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see FAQ 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
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No. Class Counsel will answer any questions the Court may have. You may attend at your own expense if you wish, but you do not have to.
If you file an objection, you do not have to come to the Final Approval Hearing to talk about it; the Court will consider it as long as it was filed on time. You may also pay your own lawyer to attend, but you do not have to.
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If you do nothing, you will not receive a benefit from this Settlement. You will also give up the rights described in FAQ 8.
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This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available on the Important Documents page.
You can obtain copies of publicly filed documents by visiting the office of the Clerk of the Court, 300 Chestnut St., Manchester, NH 03101.
Do not contact the Court or Clerk of Court regarding this Settlement.
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