Frequently Asked Questions

The Court authorized the Notice to inform you about a proposed settlement with Defendant. You have legal rights and options that you may act on before the Court decides whether to approve the proposed settlement. You may be eligible to receive a Settlement Payment and/or free Credit Monitoring Services as part of the settlement. The Notice explains the lawsuit, the settlement, and your legal rights.

Richard Clyde and Anthony Hernandez (“Plaintiffs” or “Settlement Class Representatives”), individually and on behalf of the Settlement Class (defined below) brought a lawsuit against Orthopaedics of Jackson Hole, P.C. dba Teton Orthopaedics (“Defendant”) (together, the “Parties”) in the action Richard Clyde and Anthony Hernandez v. Orthopaedics of Jackson Hole, P.C. dba Teton Orthopaedics, Case No. 2025-cv-19233, in the Wyoming District Court, 9th Judicial District, Teton County.

A class action is a lawsuit in which one or more plaintiffs sue on behalf of a group of people who have similar claims. In a class action, the court resolves the issues for all class members, except those who exclude themselves from the class. In this case, the Settlement Class is defined as:

All persons residing in the United States whose personally identifiable information (“PII”) and personal health information (“PHI”) was compromised in the Data Breach discovered by Teton Orthopaedics in March 2024, including all those individuals who received notice of the breach.

In March 2024, Defendant discovered that its computer systems were impacted by unauthorized actors (the “Data Breach”). Plaintiffs alleged that the Data Breach exposed personally identifiable information (“PII”) and protected health information (“PHI”) of Defendant’s current and former patients. Defendant denies all claims of wrongdoing or liability that Plaintiffs, Settlement Class Members, or anyone else have asserted in this Litigation or may assert in the future based on the conduct alleged in the complaint. The Court has not determined whether Plaintiff or Defendant is correct. More information about the Class Action Complaint filed in the Litigation can be found here.

Following arms-length negotiations, the Parties negotiated a settlement by which they agreed to resolve all matters pertaining to, arising from, or associated with the Litigation, including all claims Plaintiff and the Settlement Class Members have or may have had against Defendant and related persons and entities. The Parties agreed to this settlement, and dismissal of the Litigation under the term of the Settlement Agreement, to avoid the uncertainty, risks, and expense of ongoing Litigation. The Settlement Class Representative and Class Counsel, attorneys for the Settlement Class Members, believe the terms of the settlement are fair, reasonable, adequate, and equitable, and that the settlement is in the best interests of the Settlement Class Members. The settlement is not an admission of any wrongdoing by Defendant nor that the Litigation is without merit.

This Litigation involves the unauthorized access of personally identifiable information (“PII”) and protected health information (“PHI”) of Teton Orthopaedic’s current and former patients that was stored on Teton Orthopaedic’s computer systems discovered in March 2024 (“Data Breach”).

The Plaintiffs and Defendant will ask the Court to certify a Settlement Class defined as “All persons residing in the United States whose PII/PHI was compromised in the Data Breach discovered by Teton Orthopaedics in March 2024, including all those individuals who received notice of the breach.” Excluded from the Settlement Class are: (1) the judges presiding over this Action, and members of their direct families; (2) the Defendant, their subsidiaries, parent companies, successors, predecessors, and any entity in which the Defendant or their parents have a controlling interest, and their current or former officers and directors; and (3) Settlement Class Members who submit a valid Request for Exclusion prior to the Opt-Out Deadline.

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

Credit Monitoring Services: Settlement Class Members are eligible to enroll in three (3) years of one-bureau Credit Monitoring Services with at least $1,000,000 in identity theft insurance, regardless of whether the Settlement Class Member submits a claim for Extraordinary Losses, Ordinary Losses, or Lost Time. To receive this benefit, Settlement Class Members must submit a valid Claim Form. No documentation is required to make a claim. Settlement Class Members cannot receive both the Alternative Cash Payment and Credit Monitoring Services.

Documented Extraordinary Loss Reimbursement: Settlement Class Members are eligible for compensation, up to a total of $10,000.00 per Settlement Class Member for Extraordinary Losses that are supported by third-party documentation. To be eligible, the losses must satisfy the following requirements: (i) the loss is an actual, documented, and unreimbursed monetary loss stemming from fraud or identity theft; (ii) the loss from fraud or identity theft was more likely than not caused by the Data Breach; (iii) the loss from fraud or identity theft was incurred after the date of the Data Breach; (iv) the loss from fraud or identity theft is not already covered by one or more of the other reimbursement categories; and (v) the Settlement Class Member made reasonable efforts to avoid, or seek reimbursement for, the loss, including but not limited to exhaustion of all available credit monitoring insurance and identity theft insurance. To receive this benefit, Settlement Class Members must submit a valid Claim Form and third-party documentation supporting their Extraordinary Loss claim. This can include receipts or other documentation, not “self-prepared” by the claimant, that show the costs incurred.

Documented Ordinary Loss Reimbursement: Settlement Class Members are eligible for compensation, up to a total of $5,000.00 per Settlement Class Member for Ordinary Losses that are supported by third-party documentation. Ordinary Losses would include, without limitation and by way of example, Lost Time; professional fees including attorneys’ fees, accountants’ fees, and fees for credit repair services; costs associated with freezing or unfreezing credit with any credit reporting agency; credit monitoring costs that were incurred on or after mailing of the notice of data breach, through the date of claim submission; and miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges. To receive this benefit, Settlement Class Members must submit a valid Claim Form and third-party documentation supporting their Ordinary Loss claim. This can include receipts or other documentation, not “self-prepared” by the claimant, that show the costs incurred.

Lost Time Reimbursement: Settlement Class Members are eligible for up to 4 hours of lost time at $40 per hour for time spent in response to Data Breach. Claims for Lost Time are subject to the $5,000.00 limit on Ordinary Losses. To receive this benefit, Settlement Class Members must submit a valid Claim Form and attest under penalty of perjury that the Lost Time was spent responding to the Data Breach by checking a box next to the sentence: “I swear and affirm that I spent the amount of time noted in response to the Data Breach.” No documentation is required to make a claim.

Alternative Cash Payment: Settlement Class Members can claim an Alternative Cash Payment of $100.00 in lieu of claims for Credit Monitoring, Extraordinary Losses, Ordinary Losses, and Lost Time. If a Settlement Class Member claims the Alternative Cash Payment, they cannot also receive compensation for Ordinary Losses, Lost Time, or Extraordinary Losses, and cannot claim credit monitoring. To receive this benefit, Settlement Class Members must submit a valid Claim Form. No documentation is required to make a claim.

To qualify for a settlement benefit, you must complete and submit a Claim Form. Settlement Class Members who want to submit a Claim must fill out and submit a Claim Form online or by USPS mail. Claim Forms are available through the Settlement Website here or Settlement Class Members may call the Settlement Administrator and request that a copy of the Claim Form be mailed to them.

Claims will be subject to a verification process. If you received a Notice with a Claim Number, you must include it on your Claim Form. All Claim Forms must be received online or postmarked on or before MARCH 18, 2026.

The Final Approval Hearing is when the Court considers the fairness of the Settlement. It is scheduled for April 16, 2026, at 9:00 a.m. If the Court approves the Settlement, eligible Class Members whose Claims were approved by the Settlement Administrator will be sent payment after the Effective Date.

Yes, the Court has appointed Brittany Resch of Strauss Borrelli PLLC and John Nelson of Milberg Coleman Bryson Phillips Grossman, PLLC as “Class Counsel.”

Should I get my own lawyer?

You don’t need to hire your own lawyer because Class Counsel are working on your behalf. These firms are experienced in handling similar cases. You will not be charged for these lawyers. You can retain your own lawyer to appear in Court for you, at your own cost, if you want someone other than Class Counsel to represent you.

Class Counsel will ask the Court for attorneys’ fees, costs, and expenses of not more than $125,000.00, which will be paid by Defendant. Class Counsel will also request a Service Award of up to $2,500.00 per Plaintiff ($5,000 total), to be paid by Defendant. The Court will determine the proper amount of any attorneys’ fees, costs, and expenses to award Class Counsel and the proper amount of any service award to the Settlement Class Representative. The Court may award less than the amounts requested.

If you do not exclude yourself from this settlement, you will not be able to sue Teton Orthopaedics or any of the Released Parties about the Claims in the settlement and you will be bound by all decisions made by the Court in this case and the terms of the settlement, including its Release. This is true regardless of whether you submit a Claim Form. Please read the Settlement Agreement here for full details. However, you may exclude yourself from this settlement (see Question 14). If you exclude yourself from the settlement, you will not be bound by the Settlement Agreement, including the Released Claims, but you will not be able to make a claim for any benefits under the Settlement.

“Released Claims” means all liabilities, rights, claims, actions, causes of action, demands, damages, penalties, costs, attorneys’ fees, losses, and remedies, whether known or unknown, existing or potential, suspected or unsuspected, liquidated or unliquidated, legal, statutory, or equitable, that result from, arise out of, are based upon, or relate to the Data Breach, and conduct that was alleged or could have been alleged in the Litigation, including, without limitation, any claims, actions, causes of action, demands, damages, penalties, losses, or remedies relating to, based upon, resulting from, or arising out of the Data Breach, provided that nothing in this Release is intended to, or does or shall be deemed to release any claims not arising out of, based upon, resulting from, or related to the Data Breach.

The Settlement Agreement describes the Release, Released Claims, and Unknown Claims so please read it carefully. The Settlement Agreement is available here or in the public Court records on file in this lawsuit. For questions regarding Release and what they mean, you can also contact one of the lawyers listed in Question 17 for free, or you can talk to your own lawyer at your own expense.

If you do nothing, you will not receive any Settlement Payment or free Credit Monitoring Services under the settlement. You will be in the Settlement Class, and if the Court approves the settlement, you will also be bound by all orders and judgments of the Court and the Settlement Agreement, including the Release. Unless you exclude yourself, you won’t be able to file a lawsuit or be part of any other lawsuit against Teton Orthopaedics or the Released Parties for any of the claims or legal issues resolved in this settlement.

If you exclude yourself from the settlement, you will receive no Settlement Payment or free Credit Monitoring Services under the settlement. However, you will not be in the Settlement Class and will not be legally bound by the Court’s orders and judgments related to the Settlement Class and Defendant in this Litigation or the terms of the Settlement Agreement, including the Release.

You can opt-out of the settlement by submitting a written Request for Exclusion to the Settlement Administrator postmarked no later than the Opt-Out Deadline. You must submit a document that includes the name of the proceeding, your full name, current address, personal and original signature, and the words “Request for Exclusion” or a comparable statement that you do not wish to participate in the settlement. Any Settlement Class Member who does not file a timely Request for Exclusion in accordance with the Settlement Agreement will lose the opportunity to exclude himself or herself from the settlement and will be bound by the settlement. You must submit your written Request for Exclusion to the Settlement Administrator by mail postmarked no later than FEBRUARY 16, 2026, to the following address:

Teton Orthopaedics Data Settlement
c/o Analytics Consulting LLC
P.O. Box 2007
Chanhassen, MN 55317-2007

You cannot exclude yourself by phone or email. Each Class Member who wants to be excluded from the settlement must submit his or her own exclusion request. No group opt-outs shall be permitted.

No. Unless you exclude yourself, you give up any right to sue Teton Orthopaedics or the Released Parties for the claims being resolved by this settlement.

No. If you exclude yourself, you are not eligible to submit a Claim Form or request any Settlement Payment or free Credit Monitoring Services.

If you do not exclude yourself from the Settlement Class, you can object to the settlement if you do not agree with any part of it. You can also object to Class Counsel’s request for attorneys’ fees, costs, and a service award for the Plaintiffs. Even if you object to the settlement, you remain a member of the Settlement Class and are entitled to file a claim for benefits under the settlement.

To object, you must file a written notice with the Court in Richard Clyde and Anthony Hernandez v. Orthopaedics of Jackson Hole, P.C. dba Teton Orthopaedics, Case No. 2025-cv-19233, in the Wyoming District Court, 9th Judicial District, Teton County by FEBRUARY 16, 2026. Your objection must be filed with the Court, which you can do by mailing your objection and any supporting documents to the Clerk of the Court, at the following address:

Clerk of the Court
PO Box 4460
Jackson, WY 83001

If you are represented by a lawyer, the lawyer may file your objection through the Court’s e-filing system. If you are represented, you must include the identity of any and all attorneys representing you in the objection.

The objection must be in writing and include the case name, Richard Clyde and Anthony Hernandez v. Orthopaedics of Jackson Hole, P.C. dba Teton Orthopaedics, Case No. 2025-cv-19233, in the District Court, 9th Judicial District, Teton County. Your objection must: (i) the name of the proceedings; (ii) your full name, current mailing address, and telephone number; (iii) a statement of the specific grounds for the objection, as well as any documents supporting the objection and a description of whether the objection applies only to you, a subset of the Settlement Class, or the entire Settlement Class; (iv) the identity of any attorneys representing you (if any), as well as a description of the attorney’s background and prior experience, the amount of anticipated fees and method of calculation, the attorney’s hourly rate, and the number of hours spent working; (v) a statement regarding whether the you (or your attorney) intends to appear at the Final Approval Hearing; (vi) a description and/or copies of evidence that may be introduced at fairness hearing; (vii) a list of proceedings in which you have submitted an objection during the past five years; and (viii) your personal and original signature, or your attorney’s personal and original signature.

In addition to filing your objection with the Court, you may also mail copies of your objection and any supporting documents to the Settlement Administrator at the addresses listed below, postmarked no later than FEBRUARY 16, 2026:

Teton Orthopaedics Data Settlement
c/o Analytics Consulting LLC
P.O. Box 2007
Chanhassen, MN 55317-2007

Objecting means that you are telling the Court that you don’t like something about the settlement. You can object only if you stay in the Settlement Class. Excluding yourself from the Settlement Class means that you don’t want to be part of the Settlement Class. If you exclude yourself, you have no basis to object.

The Court will hold the Final Approval Hearing on April 16, 2016, at 9:00 a.m. The purpose of the hearing is for the Court to determine whether the settlement is fair, reasonable, adequate, and in the best interests of the Settlement Class. At the hearing, the Court will hear any objections and arguments concerning the fairness of the proposed settlement, including those related to the amount requested by Class Counsel for attorneys’ fees, costs, and expenses and the Service Award payment to the Plaintiffs.

Note: The date, time, and location (e.g., from in person to zoom) of the Final Approval Hearing are subject to change by Court Order. Any changes will be posted on this Settlement Website, or through the Court’s publicly available docket. You should check the Settlement Website to confirm the date and time have not been changed.

No. Class Counsel will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you don’t have to come to Court to talk about it. As long as your written objection was timely filed and mailed and meets all of the requirements described in the Settlement Agreement, the Court will consider it. You may also pay a lawyer to attend on your behalf at your own expense, but you don’t have to.

Yes. If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed settlement.

This Notice summarizes the proposed Settlement. More details are in the Settlement Agreement, which is available here.

YOU MAY CONTACT THE SETTLEMENT ADMINISTRATOR BY EMAILING INFO@TETONORTHODATASETTLEMENT.COM, BY CALLING TOLL-FREE  844-375-7440, OR BY WRITING TO:

Teton Orthopaedics Data Settlement
c/o Analytics Consulting LLC
P.O. Box 2007
Chanhassen, MN 55317-2007

PLEASE DO NOT CALL THE COURT, THE CLERK OF THE COURT, THE JUDGE, OR THE DEFENDANT WITH QUESTIONS ABOUT THE SETTLEMENT OR CLAIMS PROCESS.