Frequently Asked Questions

This case is known Rogers, et al., v. Des Moines Orthopaedic Surgeons, P.C. Case No. 05251CVC044835, pending in the Iowa District Court, Dallas County. The persons who sued is called the “Plaintiffs,” and the company being sued, Des Moines Orthopaedic Surgeons P.C., is known as the “Defendant” In this case.Plaintiffs filed the Lawsuit against Defendant, on behalf of themselves and anyone whose Personal Information was potentially impacted as a result of the Data Incident.

On or around February 17, 2023, Des Moines Othopaedic Surgeons became aware of unusual and suspicious activity on its computer network environment. Defendant took steps to secure its systems, and through investigation determined that its network had been accessed and data may have been exfiltrated by an unauthorized user from February 15, 2023, through February 17, 2023. Des Moines Orthopaedic Surgeons began sending notices to those whose PII may have been exfiltrated on or around January 2024. This Lawsuit was subsequently filed asserting claims against Defendant relating to this Data Incident. Defendant denies any wrongdoing.

You are a Settlement Class Member if the Claims Administrator identified you as being among those individuals whose Personal Information was compromised in the Data Incident experienced by Des Moines Orthopaedic Surgeons which began on or around June 2, 2023, including all those who received notice of the Data Incident.

The proposed Settlement will provide the following benefits to Settlement Class Members:

Out-of Pocket Loss Reimbursement. All Settlement Class Members who submit a Valid Claim using the Claim Form are eligible for any documented and attested-to ordinary out-of-pocket expenses directly associated with dealing with the Data Incident, not to exceed $400 per Settlement Class Member.

Lost Time Reimbursement. Class Members are eligible to receive reimbursement for up to four (4) hours of Lost Time spent dealing with the Data Incident, rounded to the nearest whole hour, calculated at the rate of $25 per hour.

Extraordinary Loss Reimbursement. Settlement Class Members are also eligible to receive reimbursement for documented extraordinary losses, not to exceed $5,000 per Settlement Class Member. To be eligible for this benefit the monetary loss must be: (i) actual, documented, and unreimbursed, with documented proof of loss to be submitted with the claim; (ii) more likely than not caused by the Data Incident; (iii) have occurred between February 15, 2023 through and including the end of the March 3, 2026; and (iv) must not already be covered by one or more of the above-referenced reimbursed expenses.

Alternative Cash payment. Instead of the reimbursement offerings, Settlement Class Members may receive a one-time cash payment of $25.  Settlement Class Members whose Social Security Numbers were identified by Defendant as being affected by the Data Incident may claim a one-time cash payment of $100 (in lieu of, and not in addition to the $25 payment).

Credit Monitoring and Identity Theft Protection. All Settlement Class Members may claim three (3) years of three-bureau credit monitoring and identity theft protection services. The identity theft monitoring will include identity theft insurance of at least $1 million.

Claims will be subject to review for completeness and plausibility by the Settlement Administrator.

By submitting a valid Claim Form by March 23, 2026.

You can submit a Claim Form online using the Claim Number and PIN found in the email we sent you or the postcard notice you received in the mail, or download a Claim Form here and send it in by mail.

The fastest way to submit your Claim Form is online. If you prefer, you can download the Claim Form and mail it to the Settlement Administrator at:

Des Moines Orthopaedic Data Incident Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen, MN 55317-2010

All Claim Forms will be reviewed by the Settlement Administrator for completeness and plausibility. Additional information may be requested from any claimant.  If the required information is not provided in the time required, the claim will be considered invalid and will not be paid.

If you do nothing, you will be bound by the Settlement if the Court approves it, you will not get any monetary relief or credit monitoring services from the Settlement, you will not be able to start or proceed with a lawsuit, or be part of any other lawsuit against the Released Parties about the settled claims in this case at any time.

You can update your address when you submit a claim form.  If your address changes after you submit your claim form, you can email the Settlement Administrator at DesMoinesOrtho@noticeadministrator.com to update your address providing your name, claim number, old address, and new address.

Alternatively you can send a letter by mail to:

Des Moines Orthopaedic Data Incident Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen, MN, 55317-2010

If you still have questions, you may call the Settlement Administrator at 1-833-806-5710 email them at DesMoinesOrtho@noticeadministrator.com.

Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You can also write with questions to:

Des Moines Orthopaedic Data Incident Settlement
c/o Analytics Consulting LLC
PO Box 2010
Chanhassen, MN, 55317-2010