Spotlight on Recent Decisions 2021 The Delaware Superior Court recently dismissed a healthcare data breach lawsuit against Brandywine Urology Consultants (“Brandywine”) because it ruled that the victims of the breach failed to provide evidence of injuries or losses caused by a 2020 security incident and, therefore, lacked standing to sue. The suit, Abernathy, et al. v. Brandywine Urology Consultants, P.A., C.A. No. N20C-05-057 MMJ CCLD, resulted from a ransomware attack that was discovered by Brandywine in January 2020, and which was reportedly live on the network for two days before it was detected and isolated by the IT team. Interestingly, during the attack, cyberthieves accessed and encrypted records that included patient names, addresses, Social Security numbers, medical file numbers, claim data, and other financial and personal data but at no time did the cyberthieves attempt to extract a ransom. According to the Delaware Superior Court’s January 21, 2021 Opinion, Brandywine notified all of its patients of the attack via breach notification letters.