MNGI Data Incident Litigation

A court authorized the Notice because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The 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 Judge Nelson Peralta of the Fourth Judicial District in the Hennepin County District Court for the State of Minnesota, is overseeing this class action. The lawsuit is known as In re MNGI Digestive Health, P.A., Case No. 27-CV-24-10788 (the “lawsuit”). The individuals who filed this lawsuit are called the “Plaintiffs” and/or “Class Representatives” and the company sued, MNGI Digestive Health, P.A. is called the “Defendant.”

The Plaintiffs filed this lawsuit against Defendant on behalf of Class Members regarding a Data Incident experienced on or around August 20, 2023, that involved an unauthorized third-party accessing Defendant’s network and computer systems and potentially accessing the Private Information of Class Members. The Private Information involved potentially included Class Members’ full names, dates of birth, passport numbers, drivers’ license or state identification numbers, medical information, health insurance information, payment card information, account numbers, and Social Security numbers.

Plaintiffs also alleged negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, violations of the Minnesota Consumer Fraud Act, violations of the Minnesota Uniform Deceptive Trade Practices Act, and violations of the Minnesota Health Records Act.

Defendant denies the legal claims and denies any wrongdoing or liability. The Court has not made any determination of any wrongdoing by Defendant, or that any law has been violated. Instead, the Plaintiffs and Defendant have agreed to a Settlement to avoid the risk, cost, and time of continuing the lawsuit.

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

In a class action, one or more people (called Class Representatives) sue on behalf of all people who have similar legal claims. Together, all these people are called a Class or Class Members. One court resolves the issues for all Class Members, except for those Class Members who timely exclude themselves (opt out) from the Class.

You are included in the Class if you are an individual to whom the Defendant sent notice explaining the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them. This notice outlines the Data Incident that the Defendant experienced on or about August 20, 2023.

Yes. Excluded from the Class are: (i) all Persons who timely and validly requested exclusion from the Class; (ii) the Judge assigned to evaluate the fairness of this Settlement (including any members of the Court’s staff assigned to this lawsuit); (iii) Defendant’s officers and directors, and (iv) any other Person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge.

If you are not sure whether you are included in the Settlement Class, you can ask for free help by calling, emailing or writing to the Settlement Administrator at:

Toll-Free: 1-888-876-3767

Email: INFO@mngiSettlement.com

Mailing Address: MNGI Data Incident Litigation Settlement Administrator, P.O. Box 2410, Portland, OR 97208-2410

If you are a Class Member, you could have submitted a Claim Form for the following Settlement benefits:

Out-of-Pocket Losses

You could have submitted a Claim Form with documentation for unreimbursed costs, expenses, and losses fairly traceable to the Data Incident for up to $10,000 per Class Member.

You must have provided: (1) your name and current address; (2) documentation reasonably supporting your Claim Form; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone.

Examples of expenses incurred as a result of the Data Incident, include (without limitation):

• Unreimbursed costs, expenses, losses or charges incurred as a result of identity theft or identity fraud, falsified tax returns or other possible misuse of your Social Security number;

• Unreimbursed costs incurred on or after August 20, 2023, associated with accessing or freezing/unfreezing credit reports with any credit reporting agency;

• Unreimbursed costs incurred on or after August 20, 2023, associated with credit or health care monitoring;

• Other unreimbursed miscellaneous expenses incurred related to any Out-of-Pocket Losses such as notary, fax, postage, copying, mileage and long-distance telephone charges;

• Other mitigative costs that were incurred on or after August 20, 2023, through the date you submit your Claim Form; and

• Unpaid time off work to address issues fairly traceable to the Data Incident at your actual hourly rate.

Class Members who elect to submit a claim for reimbursement of Out-of-Pocket Losses must provide to the Settlement Administrator information required to evaluate the claim, including: (1) the Class Member’s name and current address; (2) documentation reasonably supporting their claim; and (3) a brief description of the nature of the loss, if the nature of the loss is not apparent from the documentation alone.

Documentation supporting Out-of-Pocket Losses could have included receipts or other documentation not “self-prepared” by the Class Member concerning the costs incurred. “Self-prepared” documents such as handwritten receipts were, by themselves, insufficient to receive reimbursement, but could be considered to clarify or support other submitted documentation.

Out-of-Pocket Losses will be deemed “fairly traceable” if: (1) the timing of the loss occurred on or after August 20, 2023, and (2) in the Settlement Administrator’s sole determination, the Out-of-Pocket Losses could reasonably be caused by the Data Incident.

Claims for Out-of-Pocket Losses may be reduced pro rata in the unlikely event that insufficient funds remain in the Settlement Fund after the payment of Attorneys’ Fees and Expenses Award, any Service Awards and Administration Fees.

Cash Payment

Without providing documentation, you could have submitted a Claim Form to receive a pro rata (a legal term meaning equal share) cash payment.

Your Cash Payment may be subject to a pro rata (a legal term meaning equal share) increase or decrease based on the remaining funds in the Net Settlement Fund after payment of Valid Claims for Out-of-Pocket Losses and Medical Monitoring, payment of Attorneys’ Fees and Expenses Award, any Service Awards, and Administration Fees.

For purposes of calculating the pro rata increase or decrease, the Settlement Administrator must distribute the funds in the Net Settlement Fund first for payment of Out-of-Pocket Losses and then for Medical Monitoring.

Medical Monitoring

You could have submitted a Claim Form to receive two years of free Medical Monitoring. Medical Monitoring is a service that would be performed by a third-party company – CyEx. CyEx would monitor medical and healthcare data to determine if your private medical information is at risk or has been exposed to medical fraud, and if so, alert you so that you could address any such activity at its earliest stages.

Unless you excluded yourself (opted out), you remain in the Class. If the Settlement is approved and becomes final, all Court orders and any judgments will apply to you and legally bind you. You cannot sue, continue to sue, or be part of any other lawsuit against the Released Persons about the Released Claims in this lawsuit. The specific rights you are giving up are called “Released Claims”.

Section VI of the Settlement Agreement describes the Release, Released Claims, and Released Persons, in necessary legal terminology, so please read this section carefully. The Settlement Agreement is available here. For questions regarding the Release, Released Claims, or Released Persons and what the language in the Settlement Agreement means, you can also contact Class Counsel for free using the contact information listed below, or you can talk to your own lawyer at your own expense.

Raina C. Borrelli (MN #0392127)
STRAUSS BORRELLI PLLC
980 N Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
raina@straussborrelli.com

Christopher P. Renz (MN # 0313415)
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
crenz@chestnutcambronne.com

Brian C. Gudmundson (MN #0336695)
ZIMMERMAN REED LLP
1100 IDS Center, 80 South 8th Street
Minneapolis, MN 55401
Telephone: (612) 341-0400
brian.gudmundson@zimmreed.com

E. Michelle Drake (MN #387366)
BERGER MONTAGUE, PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5933
emdrake@bm.net

Kate Baxter-Kauf (MN # 0392037)
LOCKRIDGE GRINDAL NAUEN, PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 596-4007
kmbaxter-kauf@locklaw.com

Nathan D. Prosser (MN # 0329745)
HELLMUTH & JOHNSON PLLC
8050 West 78th Street
Edina, MN 55439
Telephone: (952) 941-4005
nprosser@hjlawfirm.com

David A. Goodwin (MN #0386715)
GUSTAFSON GLUEK, PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 19103
Telephone: (612) 333-8844
dgoodwin@gustafsongluek.com

Melissa S. Weiner (MN #0387900)
PEARSON WARSHAW, LLP
328 Barry Avenue South, Suite 200
Wayzata, MN 55391
Telephone: (612) 389-0600
mweiner@pwfirm.com

You must have submitted a valid Claim Form to receive Settlement benefits. A Claim Form must have been submitted online by September 4, 2025, or, if mailed, postmarked no later than September 4, 2025. The claim filing deadline has now passed and late submissions will not be accepted.

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

MNGI Data Incident Litigation
Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410

If you filed a timely and valid Claim Form by the September 4, 2025, deadline, the Settlement benefits will be provided after all Claims are fully processed and award calculations are completed per the Settlement Agreement. It may take time for the Settlement Administrator to complete processing. Please be patient and check this Settlement Website for updates.

To exclude yourself from the Settlement, you must have mailed a written request for exclusion, which included the following:

1. Your full name and current address;
2. Your personal physical signature; and
3. A statement that you want to be excluded from the Class, such as “I hereby request to be excluded from the Class in the MNGI Data Incident Litigation."

The exclusion request must have been mailed to the Settlement Administrator, postmarked by August 5, 2025:

You could not opt out (exclude yourself) by telephone or by email. The period to exclude yourself from the Settlement has passed.

No. If you opted out, you will not receive Settlement benefits, and you will not be bound by the Settlement or any judgments in this lawsuit. You can only get Settlement benefits if you stayed in the Settlement and submitted a timely and valid Claim Form.

No. Unless you opted out, you gave up any right to sue any of the Released Persons for the legal claims this Settlement resolves and Releases, and you are bound by all the terms of the Settlement, proceedings, orders, and judgments in the lawsuit. You must have opted out of this lawsuit to start or continue your own lawsuit or be part of any other lawsuit against the Released Persons about the Released Claims in this Settlement. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.

If you are a Class Member, you could have told the Court you do not agree with all or any part of the Settlement Agreement.

To object, you must have filed your written objection with the Court as provided below by August 5, 2025, and sent by U.S. mail to the Settlement Administrator postmarked by August 5, 2025, stating you objected to the Settlement in In re MNGI Digestive Health, P.A. Case, No. 27-CV-24-10788.

To file an objection, you could not have excluded yourself from the Class. Your objection must have included all of the following information:

1. Your full name, telephone number, and address;
2. The case name and docket number, In re MNGI Digestive Health, PA, No. Case No 27-cv-10788;
3. Information identifying you as a Class Member, including proof that you are a Member of the Class (e.g., copy of your Settlement notice, copy of original notice of the Data Incident or a statement explaining why you believe you are a Class Member);
4. A written statement of all grounds for the objection, accompanied by any legal support for the objection that you believe is applicable;
5. The identity of any and all lawyers representing you in connection with the objection;
6. A statement whether you and/or your lawyer will appear at the Final Fairness Hearing; and
7. Your signature or the signature of your duly authorized lawyer or other duly authorized representative (if any) representing you in connection with the objection.

Objecting is simply telling the Court that you do not like something about the Settlement. You can object only if you stay in the Class. If you opt out, you are telling the Court that you do not want to be part of the Class. If you opt out, you cannot object because you are no longer part of the Settlement.

Yes. The Court has appointed Raina Borrelli (Strauss Borrelli PLLC), Christopher P. Renz (Chestnut Cambronne PA), Brian Gudmundson (Zimmerman Reed LLP), E. Michelle Drake (Berger Montague PC), Melissa Weiner (Pearson Warshaw, LLP), Kate Baxter-Kauf (Lockridge Grindal Nauen PLLP), Nathan Prosser (Hellmuth & Johnson PLLC) and David Goodwin (Gustafson Gluek PLLC) as Class Counsel to represent you and the Class for the purposes of this Settlement. You may hire your own lawyer at your own cost if you want someone other than Class Counsel to represent you in this lawsuit.

Class Counsel will file a motion asking the Court to award the attorneys’ fees at or below 33.33% of the Settlement Fund, or approximately $946,155, plus reasonable expenses. Class Counsel will also ask the Court to approve the Service Awards for the Class Representatives of up to $5,000 each for their efforts. If awarded by the Court, the attorneys’ fees and expenses, and the Service Awards will be paid from the Settlement Fund. The Court may award less than these amounts.

The Court held a “Final Fairness Hearing” to decide whether to approve the Settlement, Class Counsel’s attorneys’ fees, expenses, and Service Awards. You could have attended and asked to speak if you filed an objection by the deadline.

The Court held a Final Fairness Hearing on September 4, 2025, at 9:00 a.m. CDT before the Honorable Judge Nelson Peralta at the Hennepin County Government Center, 300 S 6th Street, Minneapolis, MN 55487. At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate and took steps to decide whether to approve the Settlement, Class Counsel’s attorneys’ fees, expenses, and Service Awards.

If there were objections that were filed by the deadline, the Court considered them.

Note: The Court granted Final Approval of the Settlement on October 16, 2025, and the Settlement Agreement became Final. Please check this website periodically as any changes to the case status will be updated here.

No. Class Counsel will answer any questions the Court may have. However, you were welcome to attend at your own expense. If you filed an objection, you did not have to attend the Final Fairness Hearing to speak about it. As long as you filed your written objection by the deadline, the Court will consider it.

Yes, as long as you did not exclude yourself (opt out) and you filed a timely written objection requesting to speak at the hearing, you could have participated and spoken for yourself at the Final Fairness Hearing. This is called making an appearance. You could have also had your own lawyer speak for you, but you did have to pay for the lawyer yourself.

If you wanted to appear, or if you wanted your own lawyer instead of Class Counsel to speak for you at the hearing, you must have followed all of the procedures for objecting to the Settlement listed above—and specifically include a statement whether you and your counsel would appear at the Final Fairness Hearing. Please see FAQ 20 for more details.

If an original Claimant is deceased and a Claim needed to be filed in the name of an Estate, Trust, or Individual, we needed one of the following supporting documentation appointing the legal representative or executor to be included with the Claim Form:

1. Letters Testamentary
2. Letters of Executorship
3. Letter of Administration
4. Last Will and Testament

ATTENTION: You must have submitted a valid Claim Form to receive Settlement benefits. A Claim Form must have been submitted online by September 4, 2025, or, if mailed, postmarked no later than September 4, 2025. The claim filing deadline has now passed and late submissions will not be accepted.

If you did not receive a Notice, you were not identified as being an eligible member of the Settlement Class. Please review FAQ 5 for additional information regarding eligibility.

You must have submitted a valid Claim Form to receive Settlement benefits. A Claim Form must have been submitted online by September 4, 2025, or, if mailed, postmarked no later than September 4, 2025. The claim filing deadline has now passed and late submissions will not be accepted.

Unique IDs are located at the top of the Notice that was sent to all Class Members on June 6, 2025. If you did not receive a Notice, you were not identified as being an eligible member of the Settlement Class. Only eligible Class Members will have a Unique ID. Please review FAQ 5 for additional information regarding eligibility.

If you received a Notice but no longer have your Unique ID, please note that the claim filing deadline has now passed and late submissions will not be accepted.

This is not a scam. We are the Settlement Administrator for the MNGI Data Incident Litigation. A $2,838,749.62 Settlement has been reached in a class action lawsuit against MNGI Digestive Health, P.A. (“Defendant”) involving a Data Incident experienced on or around August 20, 2023, that involved an unauthorized third-party accessing Defendant’s network and computer systems and potentially accessing the Private Information of Class Members.

The Honorable Judge Nelson Peralta of the Fourth Judicial District in the Hennepin County District Court for the State of Minnesota, is overseeing this class action. The lawsuit is known as In re MNGI Digestive Health, P.A., Case No. 27-CV-24-10788 (the “lawsuit”).

The court authorized the Notice you received because you have the right to know about the Settlement of this class action lawsuit and about all of your rights and options before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for the benefits, and how to get them.

If a Settlement Class Member, your rights are affected whether you act or don’t act.

This website summarizes the Settlement. Complete details about the Settlement are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available here. You may get additional information by calling toll-free 1-888-876-3767, or by writing to:

MNGI Data Incident Litigation
Settlement Administrator
P.O. Box 2410
Portland, OR 97208-2410

PLEASE DO NOT TELEPHONE THE COURT OR THE COURT’S CLERK OFFICE REGARDING THE NOTICE.

The amount that valid Settlement Class Members will receive depends on several factors, including the total number of valid Claims and terms outlined and approved in Court.

At present, no Settlement members have received payment, and a date has not been set for disbursements.

Checks and other payments will be issued after all administrative steps are completed per the Settlement Agreement that was granted Final Approval by the Court on October 16, 2025. Please check this website periodically as any changes to the case status will be updated here.

The Final Approval Hearing for the MNGI Data Breach Settlement took place on September 4, 2025. The Court granted Final Approval of the Settlement on October 16, 2025, and the Settlement Agreement became Final.

If you filed a timely and valid Claim Form by the September 4, 2025, deadline, the Settlement benefits will be provided after all Claims are fully processed and award calculations are completed per the Settlement Agreement.

Please check this website periodically as any changes to the case status will be updated here.