Class action lawsuit filed against group of doctors over allegations of “security breach”

ESCONDIDO, Calif. (FOX 5/KUSI) — Palomar Health Medical Group (PHMG) has been experiencing online system outages for nearly two months, and users are fighting back. Now FOX 5/KUSI has filed a class action lawsuit against the provider, alleging negligence and a lack of cybersecurity.

“It’s just unbelievable how much anxiety this has caused me,” shared PHMG user John Tucker of Encinitas. Tucker has been without easy access to health care for nearly 60 days and counting.

Our teams first met Tucker this June after Gray Bill Medical, also known as Palomar Health Medical Group’s phone and online system, became unreachable due to “suspicious activity” (according to the provider).

“Nothing has changed at all,” Tucker said. “…You still can’t get prescriptions without going into the office, and then it takes three to five days to process.”

Tucker says this reality adds to his constant stress as he battles cancer and his wife suffers from multiple sclerosis.

“My wife said we should just file a lawsuit because she had to go to the hospital to have her catheter changed,” he said.

Although Tucker has not yet filed the lawsuit, FOX 5/KUSI has since obtained a class action lawsuit against PHMG, filed in late June in San Diego Superior Court. The lawsuit alleges negligence and failure to implement and maintain adequate cybersecurity measures.

“They play chess and we play checkers,” said cybersecurity and ethics hacker Steven McKeon, CEO of MacguverTech.

McKeon says medical groups are easy prey for hackers who can then sell the most valuable personal data for a nice profit on the dark web.

“These systems are unable to defend themselves against the more sophisticated hackers who are using AI and newer tools. That’s why many of these hospital systems have been hacked because they are an easy target,” McKeon said.

The lawsuit further alleges that the plaintiff and others suffered harm, and that the disclosure of personal information by criminals led to increased stress and fear of identity theft or fraud.

“Quality medical care depends on the information we share with our doctors – the most sensitive information. But even if you don’t have concrete evidence that your confidential information has been compromised, there is that traumatic feeling that it could have been,” explained Wendy Patrick, legal analyst at FOX 5 & KUSI.

Tucker is not only worried about his family’s plight, but also the uncertainty about his privacy weighs on him.

“My Social Security, what can you do with it? Everything. My birthday and my Social Security, you can do even more with it, my personal information? Now you know everything about me,” Tucker said.

FOX 5/KUSI reached out to Palomar Health Medical Group in June and this week to confirm the possible security breach and to inquire about the progress of their systems, but has not yet received a response.