A California resident has filed a class action lawsuit against IBM and Johnson & Johnson, claiming that his information was stolen by hackers during a data breach.
Plaintiff Andrew Rose filed a class action lawsuit in federal court against International Business Machines Corporation (IBM) and Johnson & Johnson Health Care Systems (Janssen).
According to court documents, Janssen provides business support services in the healthcare industry using a patient support platform called Janssen CarePath and IBM, as a service provider to Janssen, manages the application and the third-party database that supports Janssen CarePath. IBM and Janssen were responsible for keeping the plaintiff's and other users' Personally Identifiable Information (PII) confidential.
The lawsuit states that the defendants failed to implement or follow reasonable data security procedures, leading to a data breach. The defendants allegedly learned of the breach on Aug. 2, 2023, but they waited until Sept. 29, 2023, to notify Rose and other users that their data had been compromised.
As a result of the data breach, Rose's and class members' sensitive information, including confidential medical information, was accessed and taken by unauthorized third parties.
Rose cites claims including violations of the California Confidentiality of Medical Information Act, negligence, invasion of privacy, breach of implied contract, breach of fiduciary duty, breach of confidence, violation of the California Unfair Competition Law, violation of the California Customer Records Act, and violations of the California Consumer Privacy Act.
Rose is seeking certification of his class action lawsuit and a judgment for damages, restitution, attorney's fees, court costs and any other relief the court deems proper. Additionally, Rose is seeking an injunction ordering the defendants to adopt sufficient security practices to prevent similar incidents in the future.
He is represented by attorneys Joshua B. Swigart, of Swigart Law Group APC, of San Diego; Ben Travis, of Ben Travis Law APC, of San Diego; and Matthew M. Loker, of Loker Law APC, of Arroyo Grande.
U.S. District Court for the Central District of California case number 2:23-cv-09123