Texas Retina Associates data breach settlement

Texas Retina Associates' official settlement site is accepting claims in Covey v. Texas Retina Associates, No. DC-24-09642. Potentially eligible people may choose a $45 payment instead of documented expense reimbursement up to $4,000, and request three years of identity theft protection. Claims must be submitted online or mailed with a postmark by November 30, 2026.

These are proposed settlement benefits, not a finding that the medical practice caused every alleged loss. Texas Retina denies wrongdoing and liability. Individual claims require validation, and payment depends on the settlement becoming effective. The current notice and an earlier posted hearing order differ; that discrepancy is explained below rather than treated as proof that final approval occurred.

Texas Retina Associates provides specialty eye care for retina conditions, including macular degeneration and diabetic retinopathy, according to its practice website. The retina is light-sensitive tissue at the back of the eye. Patients interact with the practice for examinations and treatment. This case concerns information held in its systems, not a ruling about medical care.

The signed preliminary order identifies Norma Covey, Lewis Benavides and Robert Leigh-Manuell as the plaintiffs and class representatives. They pursue claims for themselves and a settlement group. An older agreement caption also names David Hickey and Mark Bennett, while its definitions identify the three settling representatives; those names should not be mistaken for additional defendants.

Judge Staci Williams of Dallas County's 101st Judicial District Court oversees the proceeding. The order appoints Raina Borrelli of Strauss Borrelli PLLC, John Nelson of Milberg PLLC and Charles Schaffer of Levin Sedran & Berman LLP as class counsel, lawyers representing the settlement group. RG/2 Claims Administration LLC handles notice and claims. It is the administrator, not the medical provider or a law firm offering individual representation.

The July 1, 2026 agreement describes alleged unauthorized system access around March 27, 2024. The settlement definition refers to the incident reported in April 2024. Those references concern the same identified incident, not separate claim programs.

Texas Retina mailed notifications around June 28, 2024. The agreement says approximately 311,880 people were sent notice where sufficient contact information was available, with substitute notice for others. Four related lawsuits were consolidated under the first-filed Covey action. Consolidation means handling related cases together rather than running independent duplicate proceedings.

Plaintiffs filed the consolidated complaint on September 27, 2024. The agreement describes claims including negligence, implied-contract and fiduciary-duty breaches, unjust enrichment, privacy claims and requests for court-ordered relief. These are asserted legal theories, not findings. A May 7, 2025 mediation did not resolve the case; negotiations and formal discovery continued. Discovery is the exchange of evidence and information during litigation. The agreement is dated July 1, 2026, and the posted preliminary order is signed July 17, 2026.

Plaintiffs contend their private information was affected and maintain that their claims have merit. The agreement says they considered litigation expense, delay and uncertain outcomes in accepting settlement. The notice lists potentially involved names, addresses, phone and email details, birth dates, gender, Social Security numbers, medical-record numbers, clinical and prescription information, and health-insurance information. It does not establish that every person lost every category.

Texas Retina denies the allegations, wrongdoing, liability, injury and damages. Its agreement states that it settled because further litigation would be expensive and uncertain. The court did not decide the merits in favor of either side. Agreeing to benefit obligations is not an admission that all claimed losses were caused by the incident.

The signed preliminary order approved notice and the claim form and certified a class for settlement purposes. Preliminary approval permits the proposed process to proceed to notice and further review; it is not final approval or an award to every claimant. Settlement certification allows a defined group to participate in this proposed resolution.

No final approval order was verified in the reviewed document library. The current site describes a proposed settlement and future hearing. This article therefore does not say that a September hearing happened, that final approval was granted, or that payment is already due.

The class includes individuals whose private information was accessed or acquired by an unauthorized party as a result of the incident reported in April 2024, including people sent notification around June 28, 2024. The controlling definition does not add a Texas-residency condition. Receiving care from Texas Retina, without an incident connection, is not enough by itself.

The class excludes Texas Retina and the presiding judge, staff and family. People who validly opt out do not receive settlement benefits. If uncertain about membership or missing your notice credentials, ask RG/2 through the official site or 1-888-528-4541. The claim form provides a guardian process for minors; do not submit an adult's personal claim as though it belonged to a child.

Start at the official settlement site and follow its claim link. The notice requires the Class Member ID and PIN from the postcard for access to online and paper claims. Complete membership certification, contact details, benefit selections and signature. Keep confirmation and tell the administrator if your address changes.

For losses, provide third-party records such as bills, statements or receipts. Handwritten or self-prepared records alone are insufficient, although they can clarify other evidence. Show that a loss was actual, unreimbursed and more likely than not caused by the incident, and that you reasonably tried to avoid it or recover it through available protection or insurance. The administrator may ask for supplemental information or send a notice allowing a claim defect to be corrected.

A Class Action Pulse eligibility inquiry is not the administrator's claim form. It neither selects benefits nor satisfies the November 30 filing deadline.

The $45 option replaces documented-loss reimbursement; claimants cannot receive both. The alternative reimbursement has a $4,000 per-person cap and covers qualifying losses between March 27, 2024 and November 30, 2026. The notice lists unreimbursed bank fees, qualifying usage-based phone or data charges, postage, local-travel gasoline and credit-report, monitoring or identity-insurance fees. A cap is a maximum, not an entitlement.

The agreement excludes double recovery, emotional distress, bodily injury, consequential and punitive damages, and another person's losses except the stated guardian situation. No separate lost-time payment is established. Optional protection includes one-credit-bureau monitoring and $1 million in identity theft insurance. That coverage limit is not cash paid to every enrollee.

The agreement does not describe a common cash fund divided among all claimants. Texas Retina pays administration and approved fees separately. Class counsel may request up to $1 million in fees, costs and expenses, and service awards up to $1,000 each are subject to court review; the agreement says those awards do not reduce class benefits.

Claims are due online or postmarked by November 30, 2026. Exclusions must be individually signed and postmarked by October 30, 2026. To object, follow the long notice's detailed instructions: the objection must reach the court clerk by October 30, with copies postmarked to the specified administrator and lawyers by that date. The summary's postmark shorthand should not replace the court-receipt requirement. Include membership evidence, grounds, counsel and appearance information, signature and any required prior-objection history under the order.

The current notice lists December 3, 2026 at 10:30 a.m. via Zoom. The signed July 17 order instead lists September 3 at 3:30 p.m. No later scheduling order was verified. Confirm the current date, time and Zoom arrangements with RG/2 before attending; do not infer final approval from the earlier date.

A valid opt-out preserves the right to pursue the released claims independently but forfeits settlement benefits. Objecting stays within the class. Doing nothing brings no payment and can still bind a class member to the release if the settlement becomes effective. The agreement expressly excludes medical-malpractice and unrelated claims from the release.

An out-of-pocket loss is money actually spent or lost, not merely concern about future harm. Reasonable documentation supports the amount and connection to the incident. A release gives up specified claims against specified parties. The effective date occurs only after required approval and finality conditions, including resolution of appeals. It is not automatically the hearing date.

RG/2 reviews claims and requests corrections where needed. The court must consider the settlement, objections and requested fees. The agreement permits Texas Retina to terminate if more than 100 valid opt-outs are submitted, so approval and continuation are not guaranteed.

Approved payments are to be mailed or transferred within 45 days after the effective date under the agreement. No calendar payout date was verified. Claim processing, further court action or appeals can affect timing.

The official notice, claim form, agreement and signed preliminary order support the rules above. The current notice and earlier order disagree about the hearing schedule; the article attributes each and directs readers to confirmation. Individual eligibility, loss causation, final approval and delivery dates remain unverified. Class Action Pulse is not a law firm or settlement administrator, does not guarantee eligibility or payment, and directs readers to the official materials.