Henry Ford Health agreed to a settlement to deal with a class action lawsuit associated with the usage of third-party tracking codes on health-related sites. This not-for-profit health system based in Detroit, Michigan, is the second-biggest health system in the state. Allegedly, the company put tracking codes on its website that permitted the collection of web visitors’ data.
Based on the complaint, Henry Ford Health installed tracking tools like Google Tag Manager, Google Analytics, Google DoubleClickAds, and Meta Pixel on its website. Tracking tools gather website visitors’ data, such as protected health information (PHI), without their knowledge or permission, and then transfer the data to third parties like Meta and Google Inc.. The tools were even installed on the MyChart Patient Portal, which is a webpage accessible only with proper authorization. Henry Ford Health urged patients to visit its website and patient portal to submit data, check their medical records, schedule appointments, settle payments, and contact healthcare providers.
From the data accumulated, third parties can know a patient’s particular medical condition, for example, cancer, addiction, or pregnancy. That data can be associated with users through their IP address. It can also be determined if the patients used their Facebook or Google accounts when they logged into the website. According to the plaintiffs and class members, they suffered harm because of the disclosures.
The plaintiff filed the Nina McClain v. Henry Ford Health lawsuit in Wayne County Circuit Court, Michigan. Allegedly, Henry Ford Health disclosed PHI to third parties without getting patient consent, which is a violation of the Health Insurance Portability and Accountability Act (HIPAA). The PHI exposure also resulted in the following lawsuit claims:
- violation of the Electronic Communications Privacy Act (ECTA) and the Michigan Nonprofit Health Care Corporation Reform Act.
- claims of breach of fiduciary duty\
- breach of confidentiality
- privacy invasion
- breach of implied contract
- negligence
- unjust enrichment
Henry Ford Health rejects any wrongdoing in the incident. It argues the allegation in the complaint that it committed, or endangered or attempted to commit, any wrongful action, omission, or breach of law or duty. It responds that it won at the summary judgment and/or trial. The plaintiff and class counsel acknowledge that the defendant brought up factual and legitimate defenses that can stop or restrict any recovery.
Ongoing litigation may be prolonged, costly, and with an uncertain result. A settlement was found to be best for all parties. The class involves over 819,000 consumers who created a MyChart patient portal account from January 1, 2020 to December 31, 2023. Class members may claim a $15 cash payment received through PayPal, Venmo, Zelle, or check. Class members will likewise be automatically signed up for a subscription to Privacy Shield Pro for one year.
August 11, 2025 is the last day to file an objection to or an exemption from the settlement. The last day to file a claim is August 25, 2025. The court has given preliminary approval of the settlement. The schedule of the final fairness hearing is October 7, 2025. The terms of the settlement state that class counsel may collect approximately $1.9 million to pay for attorneys’ fees and expenditures, while the identified plaintiff may get a $1,500 service award.
Although the amount given to every class member may be minimal, when all class members’ claims are paid, the total cash payments made by Henry Ford Health are over $12.28 million. In addition to this expense, the company paid for Privacy Shield Pro membership and around $1.9 million in attorneys’ fees and expenditures.