ESCONDIDO, Calif. (FOX 5/KUSI) — Palomar Health Medical Group’s (PHMG) online systems have been out of order for nearly two months, and users are fighting back. Now, FOX 5/KUSI has obtained a class action complaint against the provider alleging negligence and failure to maintain cybersecurity.
“You can’t believe how much anxiety this has caused me,” said John Tucker, a PHMG user from Encinitas, who has been unable to access medical care for nearly 60 days.
Our team first met Tucker in June of this year after Gray Building Medical (also known as Palomar Health Medical Group)’s phone and online systems were down due to “suspicious activity,” the medical provider said.
“Absolutely nothing has changed,” Tucker said, “… You still have to go into the office to get your prescription filled, and it takes three to five days to process.”
Tucker says this adds to his ongoing burden as he battles cancer and his wife’s battle with multiple sclerosis.
“My wife says we should sue because she had to go to the hospital to get the catheter changed,” he said.
Tucker has not yet filed a lawsuit, but FOX 5/KUSI filed a class action complaint against PHMG in San Diego Superior Court in late June. The suit alleges negligence and failure to implement and maintain reasonable cybersecurity measures.
“They’re playing chess and we’re playing checkers,” said Stephen McKeown, CEO of McGovernTech and a cybersecurity and ethical hacker.
McKeown suggests that medical organizations are easy prey for hackers, who can make big profits by selling valuable personal data on the dark web.
“These systems can’t protect themselves against more sophisticated hackers who are using AI and modern tools, which is why so many of hospitals’ systems have been hacked – they’re easy targets,” McKeown said.
The complaint further alleges that the exposure of personal information to criminals has harmed the plaintiffs and others through increased stress and fear of identity theft and fraud.
“Quality health care relies on the information we share with our health care providers — information that is some of the most sensitive. But even if there’s no concrete evidence that sensitive information has been compromised, there are unexpected circumstances where it can be traumatic,” explained FOX 5 & KUSI legal analyst Wendy Patrick.
As for Tucker, there’s the looming burden of not knowing what’s happening to his own privacy, as well as worry about his family’s dire situation.
“My Social Security number, what can you do with that? You can do anything with that. My birth date, my Social Security number, and even more than that, my personal records? That tells you everything about me,” Tucker said.
FOX 5/KUSI reached out to Palomar Health Medical Group in June and again this week seeking confirmation of the possible security breach and an update on the system’s progress but has not yet heard back.