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Used the Duke MyChart app? You could be owed part of $3.74 million settlement

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Key Takeaways

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  • Duke Health agreed to pay $3.74 million to resolve claims over pixel tracking disclosures.
  • The 2022 complaint alleged Facebook collected patient portal activity via a tracking tool.
  • Users who logged into Duke MyChart or MyDuke app between Feb 18, 2019 and Jun 17, 2022.

Duke University Health System was accused of exposing patients’ personal information. Now, it may owe you some cash under the terms of a multimillion-dollar settlement.

The Durham-based healthcare provider has agreed to pay $3.74 million to resolve claims that it used pixel tracking technology on its website, leading to the disclosure of certain personal and health-related data to a third-party vendor.

Duke Health has denied any wrongdoing in the case, but declined to comment.

“The matter is subject to a court-approved settlement process, and Duke Health has no comment,” officials told The News & Observer in a statement.

The 2022 complaint, filed in the U.S. District Court for the Middle District of North Carolina, accused the healthcare system of violating patient’s medical privacy through its use of a tracking tool developed by Facebook.

“In the absence of a HIPAA authorization, Facebook’s collection of patient status and the content of patient communications ..., including when patients register, log-in and logout of patient portals and set up appointments, violates Defendants’ privacy promises to users,” the complaint says.

Now, affected users can claim their cut. Here’s how.

Who’s eligible?

Anyone who logged into the Duke MyChart patient portal or the MyDuke Health mobile app at least once between Feb. 18, 2019 and June 17, 2022, can claim part of the settlement, administrators said.

Duke Health identified affected patients, who were later notified by mail and/or email.

Anyone tied to Duke Health, its partners and affiliates, parents, subsidiaries, officers, and directors cannot claim benefits, however.

Duke Health has denied any wrongdoing in a case that accused it of using tracking tools that exposed sensitive patient data.
Duke Health has denied any wrongdoing in a case that accused it of using tracking tools that exposed sensitive patient data. Travis Long tlong@newsobserver.com

How do I file a claim?

Claim forms can be submitted online or printed and mailed to the settlement administrator at:

Williams v. Duke University Health System, Inc. Settlement Administrator P.O. Box 4214 Portland, OR 97208-4214

All claims must be filed online or postmarked no later than Sunday, Aug. 16.

How much will I get paid?

Those who file a valid claim can receive a pro rata cash payment from what’s left of the $3.7 million settlement fund, administrators said.

Payment estimates are still up in the air, however, and will likely depend on the number of valid claims submitted.

The News & Observer reached out to settlement administrators on Thursday, June 25, and was awaiting a response.

Duke Health operates four inpatient hospitals across North Carolina.
Duke Health operates four inpatient hospitals across North Carolina. Scott Sharpe ssharpe@newsobserver.com

When will I get paid?

A hearing to finalize the settlement agreement is set for Aug. 27, where the court will “hear any objections and arguments concerning the fairness of the proposed Settlement” and decide whether to approve it.

Payments will be disbursed once the settlement is finalized, barring any appeals.

What are tracking pixels?

The tools are often embedded on websites to track ad analytics. However, their use in healthcare systems like Duke Health and others have raised serious security concerns, according to a recent study published in the PNAS Nexus journal.

The report analyzed hospital websites between 2012 and 2023 and found that use of these pixels greatly increases the risk for data breaches, “underscoring a previously undocumented cybersecurity vulnerability.”

“These findings highlight a critical regulatory gap in healthcare privacy, as tracking pixels operate outside the traditional scope of Health Insurance Portability and Accountability Act protections,” researchers wrote.

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Tanasia Kenney
Sun Herald
Tanasia is a service journalism reporter at the Charlotte Observer | CharlotteFive, working remotely from Atlanta, Georgia. She covers restaurant openings/closings in Charlotte and statewide explainers for the NC Service Journalism team. She’s been with McClatchy since 2020.
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