1. Why was the 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 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 Kitsap County, Washington, authorized the 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 explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
The lawsuit is called Oakley v. Kitsap Mental Health Services, Case No. 25-2-00147-18. It is pending in the Superior Court of Kitsap County, Washington. The person that filed this lawsuit is called the "Plaintiff" (or "Class Representative") and the company they sued, Kitsap Mental Health Services, is called the "Defendant."
Back To Top
This lawsuit alleges that during the October 2024 targeted cyberattack on KMHS' computer systems, certain files that contained private information were accessed. These files may have contained personal information such as names; addresses; birth dates; Social Security numbers; driver's license or state identification numbers; medical diagnoses, conditions, and/or treatment information; medications; claims information; financial information; and other information used in providing health care.
Back To Top
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 "Class" or "Class Members."" One court resolves the lawsuit for all Class Members, except for those who opt out from the settlement. In this Settlement, the Class Representative is Christopher Oakley. Everyone included in this Action are the Class Members.
Back To Top
The Court did not decide whether the Plaintiff 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 Class Members to receive benefits from the Settlement. The Plaintiff and their attorneys think the Settlement is best for all Class Members.
Back To Top
The court has defined the Class this way: "All individuals whose Private Information may have been compromised in the Data Incident."
Back To Top
Yes. Excluded from the Class are: (1) the Judge in this case, and the Judge's family and staff; (2) KMHS and its employees, officers, and directors; (3) governmental entities; and (4)anyone who validly excludes themselves from the Settlement.
If you are not sure whether you are a Class Member, you can ask for free help any time by contacting the Settlement Administrator at:
Back To Top
KMHS has agreed to pay for a number of different benefits. All Class Members are eligible to enroll in two years of Medical Data Monitoring Services, and may select one or more payment options. These benefits are explained below.
Medical Data Monitoring Services. All Class Members are eligible to enroll in two years of CyEx Medical Shield Complete. This comprehensive service comes with $1 million of medical identity theft insurance, and includes monitoring for:
Cash Payment A - Out-of-Pocket Documented Losses. If you incurred actual, documented out-of-pocket losses due to the Data Incident, you can get back up to $3,000.00. The losses must have occurred between October 17, 2024, and February 5, 2026. This benefit covers out-of-pocket expenses like:
Cash Payment B - Cash Payment for Lost Time. Class Members who spent time responding to the Data Incident 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 Incident. Some examples include things like:
Back To Top
If you stay in the class, you won't be able to be part of any other lawsuit against KMHS about the issues that this Settlement covers. The "Releases" section of the Settlement Agreement(Section XI) describes the legal claims that you give up if you remain in the Class. The Settlement Agreement is available here.
Back To Top
The fastest way to submit your Claim Form is online. If you prefer, you can download a printable Claim Form and mail it to the Settlement Administrator at:
Back To Top
If you are submitting a Claim Form online, you must do so by February 5, 2026. If you are submitting a claim by U.S. mail, the completed and signed Claim Form, including supporting documentation, must be postmarked no later than February 5, 2026.
Back To Top
The Court will hold a final approval hearing on March 6, 2026, at 1:30 p.m. (see Question 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.
Back To Top
Yes, the Court has appointed attorneys Kenneth Grunfeld of Kopelowitz Ostrow P.A and Thomas Loeser of Cotchett, Pitre & McCarthy, LLP, to represent you and other Class Members ("Class Counsel").
Back To Top
You will not be charged for Class Counsel's services. If you want your own lawyer, you may hire one at your expense.
Back To Top
Class Counsel will ask the court to approve $200,000.00 as reasonable attorneys' fees and costs of litigation. This amount will be paid by KMHS.
Class Counsel will also ask for a Service Award Payment of $2,500.00 for the Class Representative. The Service Award Payment will also be paid by KMHS.
Back To Top
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 benefits or payment. However, you will keep any rights you may have to sue KMHS 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 benefits if you exclude yourself. The deadline to exclude yourself from the Settlement is February 19, 2026.
To be valid, your Request for Exclusion must have the following information:
Back To Top
If you are a Class Member and do not like part or all of the Settlement, you can 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 cannot object if you have excluded yourself from the Settlement (see Question 15)
You must provide the following information for the Court to consider your objection:
To be considered by the Court, you must file your complete objection with the Clerk of Court by February 19, 2026. You must also send a copy of the objection to the Settlement Administrator, Class Counsel, and counsel for Defendants.
Clerk of the Court | Settlement Administrator |
Clerk of the Court | KMHS Data Incident Settlement |
Class Counsel | Counsel for Defendants |
Kenneth Grunfeld | Josh Becker |
Back To Top
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 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 cannot object to it because the Settlement no longer affects you.
Back To Top
The Court will hold a final approval on March 6, 2026, at 1:30 p.m. Pacific Time, in Department 6 of the Superior Court of Kitsap County, Washington, at 614 Division St., Port Orchard, WA 98366.
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 a Service Award Payment to the Class Representative. The Court will also consider any objections to the Settlement.
If you are a Class Member, you or your lawyer may ask permission to speak at the hearing at your own cost (see Question 16).
The date and time of this hearing may change without further notice. Please check this website for updates.
Back To Top
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.
Back To Top
If you do nothing, you will not receive a benefit from this Settlement.You will also give up the rights described in Question 8.
Back To Top
This website and the Notice are a summary of the proposed Settlement. The full Settlement Agreement and other related documents are available here.
If you have additional questions, you can ask for free help any time by contacting the Settlement Administrator at:
Back To Top