Frequently Asked Questions

A state Court authorized this Website because you have a right to know about the proposed Settlement of this putative class action lawsuit and about all of your options before the Court decides whether to grant final approval of the Settlement. This Notice explains the lawsuit, your legal rights, what benefits are available, and who can receive them.
 

The Action is captioned Weddle et al. v. WakeMed, Case No. 2022CVS013860, pending in the Superior Court of Wake County, North Carolina. The people that filed this lawsuit are called the Plaintiffs or Settlement Class Representatives. The company they sued, WakeMed d/b/a WakeMed Health and Hospitals, or WakeMed, is called the Defendant. 

You received a Notice because you were identified as an individual residing in the United States who WakeMed sent a notice that their personal or health-related information was transmitted or potentially transmitted to Meta due to WakeMed’s placement and use of the Meta Pixel, provided by Facebook (now Meta), on WakeMed’s MyChart patient portal and other WakeMed websites between March 2018 and May 2022, or the Pixel Incident, as identified in the Class List. 

The Action arises out of the Pixel Incident, which refers to WakeMed’s placement and use of the Meta Pixel, provided by Facebook (now Meta), on its MyChart patient portal and other WakeMed websites from approximately March 2018 to May 2022 that transmitted or potentially transmitted information (including without limitation personally identifiable information and protected health information) to Meta. In the Action, Plaintiffs alleged that the Meta Pixel improperly transmitted users’ personal information to Meta and asserted claims for negligence, negligence per se, invasion of privacy, breach of implied contract, breach of fiduciary duty, unjust enrichment, and violations of the North Carolina Unfair and Deceptive Trade Practices Act and the North Carolina Electronic Surveillance Act. WakeMed moved to dismiss the Action. Following the Court’s ruling on WakeMed’s motion to dismiss, the operative claims remaining were claims for negligence, breach of implied contract, and breach of fiduciary duty. WakeMed denies any wrongdoing and all the claims asserted against it, and the Court has not ruled that WakeMed did anything wrong.

A class action is a lawsuit in which an individual called a “Class Representative” brings a single lawsuit on behalf of other people who have similar claims. The court has not certified this case as a class action, but the Parties have agreed to settle the case on a class basis. In a class action settlement, all of these people together are a “Settlement Class” or “Settlement Class Members.” When a class action is settled, the Settlement, which must be approved by the Court, resolves the claims for all Settlement Class Members, except for those who exclude themselves from the Settlement.

To resolve this matter without the expense, delay, and uncertainties of protracted litigation, the Parties reached a Settlement that, if approved by the Court, would resolve all claims brought on behalf of the Settlement Class related to the Pixel Incident. If approved by the Court, the Settlement Agreement requires WakeMed to pay money into a Settlement Fund Account that will be used to pay Settlement Administration and Notice Costs, Settlement Class Representative Service Awards (as approved by the Court), Attorneys’ Fees and Expenses (as approved by the Court), and cash compensation to Settlement Class Members who submit Approved Claims. The Settlement is not an admission of wrongdoing by WakeMed and does not imply that there has been, or would be, any finding that WakeMed violated the law. The Court overseeing the Action has not determined that WakeMed did anything wrong.

Because the settlement of a class action determines the rights of all Settlement Class Members, the Court overseeing this Action must give Final Approval to the Settlement Agreement before it can be effective. The Court has conditionally certified the Settlement Class so that Settlement Class Members may be given notice and the opportunity to exclude themselves from the Settlement Class or to voice their support or opposition to Final Approval of the Settlement Agreement. If the Court does not grant Final Approval to the Settlement Agreement, or if it is terminated by the Parties, then the Settlement Agreement will be void, and the Action will proceed as if there had been no Settlement and no certification of the Settlement Class.

You are a Settlement Class Member if you are an individual residing in the United States who WakeMed sent a notice that their personal or health-related information was transmitted or potentially transmitted to Meta due to WakeMed’s placement and use of the Meta Pixel, provided by Facebook (now Meta), on WakeMed’s MyChart patient portal and other WakeMed websites between March 2018 and May 2022, as identified in the Class List.

Excluded from the Class are (i) WakeMed, any Entity in which WakeMed has a controlling interest, and WakeMed’s officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial officer presiding over the Action and the members of their immediate families and judicial staff; and (iii) any individual who timely and validly opts out of the Settlement.

Settlement Class Members who submit a valid and timely Claim Form will receive a pro rata cash payment from the Net Settlement Fund. The Net Settlement Fund is what remains of the $2,450,000 Settlement Fund following the payment of Administration and Notice Costs, Settlement Class Representative Service Awards ($2,500 per Settlement Class Representative), and Attorneys’ Fees (up to 33.33% of the Settlement Fund or $816,666.67, plus reasonable Expenses up to $40,000), subject to the Court’s approval.

***To receive Settlement benefits, you must submit a Claim Form by September 8, 2025 ***

If you timely submit a valid Claim Form for a cash payment, you will receive payment in the amount approved by the Settlement Administrator once the Settlement is final and has become effective.

All Settlement Class Members are part of the Settlement unless they request to be excluded from it. To submit a claim for a cash payment, you must timely submit a completed Claim Form using the online Claim Form, or by mail to: WakeMed Pixel Incident Action, c/o Kroll Settlement Administration LLC, P.O. Box 225391, New York, NY 10150-5391.
 

You must submit a claim by September 8, 2025. There can be only one valid and timely claim per Settlement Class Member.

If you do not exclude yourself following the procedures in the Settlement (which are also outlined in this Long Notice), you will stay in the Settlement Class. By staying in the Settlement Class, you will give WakeMed a release, and all the Court’s orders will apply to you and bind you. A release means you cannot sue or be part of any other lawsuit or other legal action against WakeMed arising from or relating to the claims and issues in this Action, WakeMed’s use of Meta Pixel, or the Pixel Incident.

The precise terms of the release are in the Settlement Agreement, which is available here. If you have any questions, you can talk for free to Class Counsel identified below who have been appointed by the Court to represent the Settlement Class, or you are welcome to talk to any other lawyer of your choosing at your own expense.

Excluding Yourself from the Settlement

If you do not want to remain in the Settlement, and instead want to keep any legal claims you may have against WakeMed arising out of or related to the Pixel Incident, then you must take steps to exclude yourself from this Settlement.

To exclude yourself from the Settlement, you must send a letter or written request for exclusion by mail stating that you want to be excluded from Weddle et al. v. WakeMed, Case No. 2022CVS013860 to the Settlement Administrator. Such notice must:         

1. Identify the case name of the Action;
2. Identify your name and address;
3. Be personally signed by you; 
4. Include a statement clearly indicating your intent to be excluded from the Settlement; and
5. Request exclusion only for yourself.

You may only request exclusion for yourself, and no one else can request exclusion for you. No class or mass opt outs are allowed. You must mail your request for exclusion so that it is postmarked no later than August 8, 2025, to:

WakeMed Pixel Incident Action
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391

No, if you submit a request for exclusion, you will not receive anything from the Settlement, but you will retain any legal rights you may have against WakeMed arising out of or related to the Pixel Incident. 

The Court has appointed the following attorneys to represent the Settlement Class as Class Counsel: Scott Harris of Milberg Coleman Bryson Phillips Grossman, PLLC, Gary EW. Jackson and Tom Wilmoth of James Scott Farrin, Lynn Toops and Amina Thomas of Cohen & Malad, LLP, Terence R. Coates and Jonathan T. Deters of Markovits, Stock & DeMarco, LLC, Karen Hanson Riebel, Kate M. Baxter-Kauf, and Maureen Kane Berg of Lockridge Grindal Nauen PLLP, and Peter Burke and James Farrell of Crumley Roberts, LLP.
 

If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will be paid from the Settlement Fund. Class Counsel will seek Court approval to be paid Attorneys’ Fees up to 33.33% of the Settlement Fund or $816,666.67, plus their reasonable Expenses incurred in the Action up to $40,000. The motion for Attorneys’ Fees and Expenses will be posted on the Documents Section of this Settlement website after it is filed.

If you are a Settlement Class Member, you can object to the Settlement, or any part of it, and the Court will consider your views. In order to object to the Settlement, you must file with the Court a written objection (such as a letter or legal brief) stating that you object and the reasons why you think the Court should not approve some or all of the Settlement. Your objection must include: 

(i) the case name and number of the Action; 
(ii) your name, address, and telephone number and, if represented by counsel, of your counsel; 
(iii) a statement of whether the objection applies only to you, to a specific subset of the Settlement Class, or to the entire Settlement Class; 
(iv) a statement of the specific grounds for the objection; and 
(v) a statement of whether you intend to appear at the Final Approval Hearing, and if so, whether personally or through counsel.

If you file a timely written objection, you may, but are not required to, appear at the Final Approval Hearing, either in person or through your attorney. If you are objecting and represented by counsel, and such counsel intends to speak at the Final Approval Hearing, your written objection must also include a detailed description of any evidence the objecting Settlement Class Member may offer at the Final Approval Hearing, as well as copies of any exhibits the objecting Settlement Class Member may introduce at the Final Approval Hearing.

If you file an objection, you may still receive benefits under the Settlement so long as you timely file a valid Claim Form as detailed above. To be timely, written notice of an objection in the appropriate form described above must be filed with the Court no later than the August 8, 2025, as noted below:

North Carolina Business Court
1832 East Fourth Street
Charlotte, NC 28202

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement means telling the Court you do not want to be part of the Settlement. If you exclude yourself from the Settlement Class (also called “opting out” of the Settlement Class), you cannot object to the Settlement because the Settlement no longer affects you.

A final hearing on the Settlement, called a Final Approval Hearing, will be held to determine the fairness of the Settlement.

The Court will hold a hearing on October 16, 2025, at 10 a.m. ET in the courtroom of the Honorable Adam M. Conrad, Courtroom 6370, located in the Mecklenburg County Courthouse at 832 East Fourth Street, Charlotte, NC 28202. The purpose of the hearing will be for the Court to determine whether the proposed Settlement is fair, reasonable, and adequate and in the best interests of the Settlement Class and to determine the appropriate amount of compensation for Class Counsel and rule on the request for Service Awards for the Settlement Class Representatives. At that hearing, the Court will hear any objections and arguments concerning the fairness of the proposed Settlement. The Court will then decide whether to approve the Settlement.  

YOU ARE NOT REQUIRED TO ATTEND THE FINAL APPROVAL HEARING TO RECEIVE BENEFITS FROM THIS SETTLEMENT. Please be aware that the hearing may be postponed to a later date without notice.

If you are a Settlement Class Member and you do nothing, you will give up your right to start a lawsuit, continue a lawsuit, or be part of any other lawsuit against WakeMed and the Released Parties, as defined in the Settlement Agreement, about the legal issues resolved by this Settlement. In addition you will be bound by the release of thr released Parties in the Settlement and not be eligible to receive a payment from this Settlement.

Getting More Information – Contact: 

This website only provides a summary of the proposed Settlement. Complete details about the Settlement can be found in the Settlement Agreement available on the Documents page.
 

Settlement Administrator
WakeMed Pixel Incident Action
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
Toll-free: (833) 420-8722 

Class Counsel
Scott Harris
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
Raleigh, NC 27603
[email protected] 

If you have any questions or need to update your contact information, you can contact the Settlement Administrator or Class Counsel at the phone number and email listed above. In addition to the Documents available on this website, all pleadings and Documents filed in this Action may be reviewed or copied at the Clerk of Court’s office. 

Do Not Call Or Send Any Questions About The Settlement Or The Action To The Clerk Of The Court, The Judge, Or WakeMed Or WakeMed’s Counsel. All Questions About The Settlement Should Be Referred To The Settlement Administrator Or Class Counsel.