A Malden woman is seeking class-action status for a federal lawsuit she filed against Anthem Inc., claiming the insurance giant was negligent in failing to protect the personal information of its subscribers before a data breach disclosed this month.
"Anthem failed to take adequate and reasonable measures to ensure its data systems were protected, failed to take available steps to prevent and stop the breach from ever happening," according to the complaint filed by Lisa Diane Daniels in federal court in Boston this week. The breach, which Anthem disclosed Feb. 4, affected 80 million subscribers nationwide including nearly 1 million in Massachusetts. The company said hackers obtained names, birth dates, addresses, Social Security numbers, health care ID numbers and employment information.
"When you are dealing with people's sensitive information at any level, it's important to prevent a breach," said Justin Browne, one of Daniels' attorneys, "but when we're talking about a health-related information it's particularly sensitive."
Still attorneys not involved in the case are split on whether the suit will be successful.
"Courts have generally been receptive to the claims that a company has not taken the necessary steps to protect the data that they're maintaining for their customers and their employees," said attorney Peter Rukin.
But attorney Lisa Soto said a negligence claim may be tough to prove.
"Chances are high that it's going to be very difficult to show a nexus between any damage anyone suffered and this event," Soto said.
Anthem did not respond to multiple requests for comment.
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