David M. Landay v. Datavant LLC, successor to IOD Incorporated

You may be a member of a class of patients, persons, lawyers, law firms, and companies who requested medical records from a Pennsylvania Health Care Provider and paid IOD Incorporated (now known as Datavant LLC) (“IOD/Datavant”) for providing copies of the records who may be entitled to recover money from this proposed class action settlement.

The Court directed that you receive access to the Notice because you have a right to know about this proposed settlement of a class action lawsuit. The Notice explains all your options before the Court decides whether to approve the settlement.  If the Court approves the settlement, and after any objections and appeals are resolved, a neutral administrator (referred to in this Notice as the “Settlement Administrator”) approved by the Court will review your claim and make the payments that the settlement allows.

The Court in charge of the case is the Court of Common Pleas of Allegheny County, Pennsylvania (referred to in this notice as the “Trial Court”).  The case is known as David M. Landay v. Datavant LLC, successor to IOD Incorporated, GD-09-012922 (referred to in this notice as the “Lawsuit”). The people who sued are called Plaintiffs, and the company they sued, IOD (now known as Datavant), is called the Defendant.

The package explains the Lawsuit, the settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

The Lawsuit claims that IOD (before it became known as Datavant) failed to comply with a prior version of the Pennsylvania Medical Records Act that was in place until September 3, 2012. The claims are that IOD breached an implied contract by failing to disclose and charge persons or businesses, who had requested copies of medical records, the estimated actual and reasonable expenses for locating, retrieving, reproducing, and transmitting the records.   

The claims say that IOD/Datavant is liable to Plaintiff and a proposed class for money damages for alleged overpayments for copies of medical records.  The claims say that IOD/Datavant had a contractual duty to comply with the Medical Records Act and that this contractual duty was breached when IOD/Datavant did not base its charges for copies of medical records upon the estimated actual and reasonable expenses of reproduction.

IOD/Datavant denies Plaintiff’s allegations. IOD/Datavant asserts that the Medical Records Act authorized IOD/Datavant to charge the statutory rates that were set forth in the Medical Records Act without regard to their “estimated actual and reasonable expenses.”  IOD/Datavant asserts that any payments by the Plaintiffs were consented to and made voluntarily with full knowledge of IOD/Datavant’s charges and, therefore, any claims were barred by reason of “prior approval” or based upon the “voluntary payment doctrine.”  IOD/Datavant further asserts that the charges assessed were based upon IOD/Datavant’s own estimated actual and reasonable expenses.

Whether Plaintiffs or IOD/Datavant will ultimately prevail in this Lawsuit remains uncertain. A history of the proceedings is provided on this Settlement Website in a documents submitted by Class Counsel in support of preliminary approval of the settlement. The Trial Court has preliminarily approved this Lawsuit to proceed as a class action for settlement purposes only.  If the settlement is not approved, the Trial Court will have to decide whether this Lawsuit should be treated as a class action for the purpose of addressing the merits and trying the Lawsuit.

If you want to pursue claims in this case on an individual basis, you should consider retaining an attorney of your own choice and excluding yourself from this class action using the exclusion procedure explained below in the Answer to Question No. 12.  

In a class action, one or more people called class representatives sue on behalf of people who they believe have similar claims.  All these people are a class or class members.  One court resolves the issues for all class members, except for those who exclude themselves from the class.  In this case, the “Class Representative” or named Plaintiff is David Landay.  This case is being presided over by Honorable Judge Alan D. Hertzberg of the Court of Common Pleas of Allegheny County, Pennsylvania.

Both sides believe their claims or defenses would have won in this Lawsuit.  However, the Court has not decided in favor of Plaintiff or Defendant. Instead, both sides have agreed to a settlement.  That way, Defendant and the Settlement Class Members avoid the risk, delay, and expense of continuing the Lawsuit, and the Settlement Class Members will be eligible to receive compensation.  The Class Representative and Class Counsel think the settlement is best for all Settlement Class Members.

Judge Hertzberg decided that everyone who fits this description is a Class Member:

All patients, patient representatives, patient designees, including insurance companies and attorneys (including but not limited to, prosecuting, defense, or plain-tiffs’ attorneys) designated by a patient or patients’ agents and representatives to obtain a patient’s medical records, who made a  request or others who served a subpoena without being designated by a patient (“Record Requests”) to a Pennsylvania healthcare provider or facility to obtain copies of medical records and who were charged and paid to IOD Incorporated and or its subsidiaries the maximum basic, search and retrieval, and/or reproduction fees as set forth in 42 Pa.C.S. § 6152(a)(2)(i) of the Pennsylvania Medical Records Act as was effective between July 15, 2005 and September 3, 2012 with payment of the charges made between July 15, 2005 through September 3, 2012 and that was sent Mail Notice. This definition does not include medical record copying requests that did not require a patient authorization or where the maximum basic, search and retrieval, and reproduction fees as set forth in 42 Pa.C.S. § 6152(a)(2)(i) Pennsylvania Medical Records Act as was effective between July 15, 2005 and September 3, 2012 were not charged and paid, including the following examples (a) requests for radiological images; (b) insurance companies performing auditing functions pursuant to a written contract; (c) healthcare providers or facilities; and (d) governmental entities. Excluded from the class are also (a) any present or former counsel for Defendant in this Litigation; (b) the Court, the Courts immediate family, and the Court staff; and (c) Class Counsel.

If you are a member of the Settlement Class, unless you exclude yourself from the Settlement Class, you will be deemed to be a “Settlement Class Member” and subject to the settlement.

If you are not sure whether you are included in the Class, or you have questions about the case, you may call the toll free number, 1-800-641-9110, or visit the Important Court Documents page.

The proposed settlement provides that, for class members who submit a valid timely claim, the Claimant shall be entitled to receive an amount equal to 35% of the amounts paid for invoiced amounts for basic fees, search and retrieval fees, and/or per page copying fees for each record request made.  This is known as the Settlement Benefit. Defendant maintains records of the amount of basic fees, search and retrieval fees, and/or per page copying fees invoiced to and paid by each identified class member for each request. The aggregate Settlement Benefit is calculated based upon these records and is attached to your notice or set forth on your Proof of Claim maintained on the settlement website which you can access using your Class Member ID (QR Code or Notice I.D. + Pin). If you have questions about how the total Settlement Benefit available for you to claim was calculated, by using your Class Member ID you can login at the Settlement Website and review a list of the transactions (“Transaction List”) IOD/Datavant attributes to record requests and payments you made. If you did not receive a Class Notice in the mail listing your Class Member ID, you should contact the Settlement Administrator.

Any payments will be made only if Judge Hertzberg approves the settlement as fair, reasonable, and adequate.

To receive a payment, you need to complete and submit a Proof of Claim to the Settlement Administrator.  For all Class Members, the Proof of Claim form is available on the Online Claim Submission page.   For patients who directly submitted a medical records request for their own records, or requests made on behalf of a patient for non-commercial purposes, a copy of your Proof of Claim and the instructions for completing it were also attached to the Notice you received by mail and are also available on the settlement website.  For other non-patients who submitted a medical records request for the medical records of another person, your Proof of Claim is only available on this Settlement website.  You can use your unique Class Member ID to access your Proof of Claim and view a list of medical record transactions you made with IOD.

The Proof of Claim available on the settlement website lists each applicable medical record request transaction you made to IOD according to IOD’s records as now maintained by Datavant, including the: Invoice Number for the Record Request(s) IOD/Datavant associates as being made and paid for by a Class Member, the date IOD issued an invoice for payment, the identity of the person whose records were the subject of the Record Request, the identity of the healthcare provider the Record Request was made to, the amount of payment the IOD’s records indicates was made to IOD, and the amount of the Settlement Benefit being made available by the Settlement for each Record Request payment attributable to a Settlement Class Member.

You need to submit a Proof of Claim to receive a payment under the settlement.  Settlement Class Members who timely submit a properly completed and signed Proof of Claim will be eligible to receive the monetary relief provided by this Settlement.

If you paid IOD for the medical records copying request but were reimbursed for that payment by someone else, you should consider whether any Settlement Benefits are required to be paid to the person or entity who reimbursed you.  Attorneys who were reimbursed by their client(s) may have an ethical obligation to hold Settlement Benefits in their client trust account and return the funds to their client(s).

Your completed Proof of Claim must be received via the settlement website or by mail no later than November 30, 2026. To submit a Proof of Claim by mail, you must send the completed Proof of Claim by First Class Mail, Postage Prepaid to Landay v IOD/Datavant, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.  Please note, any Proof of Claim submission made by mail should be made as soon as possible to ensure the Proof of Claim is timely received by the Settlement Administrator.  Proof of Claims must be timely received by the Settlement Administrator regardless of any postmark date associated with the submission of a Proof of Claim form. 

A Patient Requestor Beneficiary or Successor Settlement Class Member means a person that becomes aware of a notice provided to a Proposed Settlement Class Member and certifies on the Proof of Claim they have all rights to a Settlement Benefit of a Proposed Settlement Class Member.

If you believe that you have a right to a Settlement Benefit because you, your former law firm, business, or company were identified as being a Settlement Class Member or is the beneficiary of Settlement Class Member, then you may be entitled to submit a Proof of Claim as a Patient Requestor Beneficiary or Successor Settlement Class Member. The Settlement Administrator may require the submission of additional information to validate claims made by a Patient Requestor Beneficiary or Successor Settlement Class Members. 

The Court will hold a hearing on October 16, 2026 at 9:00 AM, to decide whether to approve the settlement.  If Judge Hertzberg approves the settlement, there may be appeals after that.  It’s always uncertain whether these appeals can be resolved, and resolving them can take time, perhaps more than a year.  Please be patient.

Unless you exclude yourself, you are staying in the Class, and that means that you can’t sue, continue to sue, or be part of any other lawsuit against IOD/Datavant about the issues that were or could have been raised in this case.  It also means that all of the Court’s orders will apply to you and legally bind you, including the Release of Claims described in detail in the Settlement Agreement.  This Release of Claims provision describes exactly the legal claims that you give up if this settlement is approved and you do not exclude yourself.

If you want to keep the right to sue or continue to sue IOD/Datavant on your own about the legal issues that were or could have been raised in this case, then you must take steps to opt out.  This is called excluding yourself from – or opting out of – the Settlement Class.

To exclude yourself from the Settlement Class, also known as opting out or “opt out,” you must make your request in writing.  A request for exclusion must contain the following: (1) a prominent identifying reference to the case as follows: “David M. Landay v. Datavant LLC, successor to IOD Incorporated, GD-09-012922”; (2) the Notice ID No. listed on the mail notice (3) identification of whether you make the request for exclusion as a Settlement Class Member, potential Patient Requestor Beneficiary, or potential Successor Settlement Class Member  (4) your name; (5) your address; (6) your telephone number; (7) an expression of your desire to opt out or be excluded from the Settlement Class; (8) a short statement why you claim to be a potential Patient Requestor Beneficiary, or potential Successor Settlement Class Member, (9) your signature or the signature of an authorized representative.  A separate request for exclusion must be submitted for each Settlement Class Member, potential Patient Requestor Beneficiary, or potential Successor Settlement Class Member who wants to be excluded from the settlement.

Your written request for exclusion must be sent by First Class Mail, postage prepaid, and received no later than October 1, 2026, and must be addressed to the Court-appointed Settlement Administrator as follows:

Exclusion Requests – Landay v. IOD/Datavant, Settlement Administrator
PO Box 23459
Jacksonville, FL 32241

Please note, only requests that are timely received by the Settlement Administrator, regardless of the postmark date of the submission of a request for exclusion, will be deemed valid requests for exclusion.

You can’t exclude yourself on the phone or by e-mail.  If you ask to be excluded, you will not receive any settlement payment, and you cannot object to the settlement.  You will not be legally bound by anything that happens in this Lawsuit.  You may be able to sue (or continue to sue) IOD/Datavant about the issues raised in this case in the future. Please note, any request for exclusion, which must exclusively be made by mail, should be made as soon as possible to ensure the request for exclusion is timely received by the Settlement Administrator regardless of postmark date.

No.  Unless you exclude yourself, you give up the right to sue IOD/Datavant for the claims this settlement resolves.  If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately.  You must exclude yourself from this Class to continue your own lawsuit.  Remember, the exclusion deadline is October 1, 2026.

No.  If you exclude yourself, you will not receive any money.  But you may sue, continue to sue, or be part of a different lawsuit against IOD/Datavant.

The Court appointed these lawyers to represent you and other Class Members.  Together, the lawyers are called Class Counsel or Lead Counsel.  You will not be charged for these lawyers. 

If you want to pursue the claims on your own, you should consider hiring your own lawyer and excluding yourself from this class action to pursue such claims on an individual basis in a separate lawsuit. 

You will not be charged for the services of Class Counsel.  As part of the consideration provided to you and the other Settlement Class Members, Datavant will pay Class Counsel’s fees, costs, and expenses separate and apart from the Settlement Relief being made available to Settlement Class Members.

Class Counsel will ask the Court to approve payment in the amount of no more than $1,950,000 to them for attorneys’ fees and costs and expenses of $32,500.  Class Counsel will also ask the Court to approve a payment of $25,000 to David Landay for his service as Class Representative.  The fees and payment would pay Class Counsel and the Class Representatives for investigating the facts and litigating the Lawsuit, as well as negotiating the settlement and monitoring your rights during approval and administration of the settlement.  The attorneys’ fees, costs, and expenses will not come out of the funds for payments to Settlement Class Members.  The Court may award less than the amount requested.

You may remain a member of the Settlement Class and object to the settlement.  If you do not exclude yourself from the Settlement Class, you may object to any aspect of the proposed settlement, including final certification of the Settlement Class, the fairness, reasonableness, or adequacy of the proposed settlement, the adequacy of the representation by the Class Representatives or by Class Counsel, or the request of Class Counsel for fees, costs, and expenses and the award to the Class Representative.  Each objection must be in writing and include: (1) a heading stating “Notice of Intention to Object” or a statement or heading of similar nature that includes the word “Object” or “Objection” (2) a prominent identifying reference to the case as follows “David M. Landay v. Datavant LLC, successor to IOD Incorporated, GD-09-012922”; (3) the Notice ID No. listed on the mail notice; (4) identification of whether you make the objection as a Settlement Class Member, potential Patient Requestor Beneficiary, potential Successor Settlement Class Member, or in another capacity; (5) your name; (6) your address; (7) your telephone number; (8) a statement of each objection being made; (9) state whether the objection applies to the objector, a subset of the class or the entire class (10) a statement indicating whether you intend to appear at the Fairness Hearing; and (11) a list of witnesses whom you may call by live testimony and copies of any documents or papers that you plan to submit.

Furthermore, if you are represented by a lawyer for purposes of objecting to the proposed settlement, your lawyer must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than September 16, 2026 and your lawyer shall identify the full caption and case number of each previous putative class action case or class action case in which that counsel has represented a person in the case as an objector.

You must mail your objection for filing with the Allegheny County Department of Court Records Civil/Family Division, City-County Building, 414 Grant Street, First Floor, Pittsburgh, Pa. 15219-2469 and send copies by First Class Mail, postage prepaid, to Class Counsel and counsel for IOD/Datavant so that it is received by September 16, 2026 as follows:

Please note, only objections that are timely filed with the Court and Class Counsel and Counsel for IOD/Datavant may be deemed valid objections.

If you do not comply with these procedures, including the deadline for submitting written objections, you will lose any opportunity to have your objection considered by the Court at the Fairness Hearing or to otherwise contest the approval of the proposed settlement or to appeal from any orders or judgments entered by the Court in connection with the proposed settlement.

Objecting is simply telling the Court that you don’t like something about the settlement.  You can object only if you stay in the Class, and you will be bound as a Settlement Class Member if the Court approves the settlement despite any objections.  Excluding yourself is telling the Court that you don’t want to be part of the Class.  If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court will hold a hearing to decide whether to approve the settlement.  You may attend and you may ask to speak at the hearing, but you do not have to.

The Court will hold a Fairness Hearing at 9:00 AM on October 16, 2026, in room 816 at the City County Bldg., 414 Grant Street, Pittsburgh, PA 15529.  At this hearing, the Court will consider whether the settlement is fair, reasonable, and adequate.  If there are objections, the Court will consider them.  Persons who have followed the procedures described may appear at the hearing to be heard by the Court.  The Court may also decide whether to approve Class Counsel’s fees, costs, and expenses and the award to the Class Representative.  After the hearing, the Court will decide whether to approve the settlement.  It is not known how long these decisions will take.

No.  Class Counsel will answer questions the Court may have.  But you are welcome to come to the hearing at your own expense.  If you send a timely and proper objection, the Court will consider it whether or not you attend the hearing.  You may also pay your own lawyer to attend, but it is not necessary.

You may ask the Court for permission to speak at the Fairness Hearing.  To do so, you must notify the Court and parties in writing. If you are objecting to the proposed settlement and intend to speak at the Fairness Hearing, please ensure you comply with the requirements under section 17 of this notice. 

To speak at the Fairness Hearing you must file a Notice of Intention to Appear with the Court and mail copies to Class Counsel and counsel for Datavant.  The Notice of Intention to appear must in writing include: (1) a heading stating “Notice of Intent to Appear” or a statement or heading of similar nature that includes the word “Appear” or “Appearance” (2) a prominent identifying reference to the case as follows: “David M. Landay v. Datavant LLC, successor to IOD Incorporated”; (3) your full name, address, telephone number, and signature; and (4) if counsel will appear on your behalf, the counsel’s full name, address, telephone number, and bar identification number.

Furthermore, if you are represented by a lawyer your lawyer must enter a written Notice of Appearance of Counsel with the Clerk of the Court no later than September 16, 2026.

You must file your Notice of Intent to Appear with the Court, and send copies by First Class Mail, postage prepaid, to Class Counsel and counsel for Datavant, at the addresses provided for submitting objections in section 17 of this Notice, so that it is received by September 16, 2026.  You cannot speak at the hearing if you excluded yourself from the Settlement Class.

If you do nothing, you will not receive anything from this settlement.  But, unless you exclude yourself, you won’t be able to start a lawsuit or continue with a lawsuit against IOD/Datavant about the legal issues that were or could have been raised in this case.  It also means that all the Court’s orders will apply to you and legally bind you, including the Release of Claims described in detail in the Settlement Agreement.  This Release of Claims provision describes exactly the legal claims that you give up if this settlement is approved and you do not exclude yourself.

More details are in the Settlement Agreement.  You can get a copy of the Settlement Agreement by writing to Class Counsel at the addresses listed in Question 15.  You can also visit the Important Court Documents page of this website.

Please notify the Settlement Administrator of any changes in your mailing address so that future correspondence will be sent to the correct address.

To update your mailing address, you can enter your Notice ID and PIN on this website on the Update Address page.

Another option is to contact the Settlement Administrator via email at [email protected]. Please put ‘Change of Address’ in the subject line and provide your full name, previous address, current address, and the Notice ID from your notice in the body of the email.

Alternatively, you can mail that information to: Landay v IOD/Datavant, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241

A copy of your marriage license, divorce decree or court order is required for a name change.

You can submit the documentation via email at [email protected]. In your email, put ‘Name Change’ in the subject line. In the body of the email, provide the NoticeID, original name, and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Landay v IOD/Datavant, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241

Two documents are required for a name change for a deceased Class Member. They are: 1) A Copy of the death certificate, and 2) Documentation providing evidence to show the new payee as legal beneficiary – this could be a will, estate documentation, etc. The documentation will be reviewed when received. We may reach out to you with additional questions, if necessary.

You can submit these documents via email at [email protected], put ‘Name Change’ in the subject line. In the body of the email, provide the Notice ID, original name and address of the Class Member on the Notice you received. Also provide the new name, address and phone number that you would like on future correspondence.

Alternatively, you can submit the required documents by mail to: Landay v IOD/Datavant, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241

You can call 1-800-641-9110 toll free or visit the website at www.IODSettlementPA.com where you will find answers to common questions about the settlement, plus other information to help you determine whether you are a Class Member, and whether you are eligible for a payment.

You can also contact the Settlement Administrator via email at [email protected] or via USPS mail at Landay v IOD/Datavant, c/o Settlement Administrator, PO Box 23459, Jacksonville, FL 32241.

DO NOT CALL THE COURT.  DO NOT CALL OR SEND CORRESPONDENCE TO JUDGE HERTZBERG OR HIS STAFF.