The lawsuit, dismissed July 16, alleged that the more than 391,000 patients whose data was affected are facing distress and financial losses due to their personal data being in insecure hands. However, U.S. District Judge Austin Huffaker dropped the case because the plaintiffs could not prove their data had been misused.
A bit of sanity. If patients are not actually damaged in any way by a data breach they have no right to compensation. No harm no foul.
HIPAA rules assume the opposite. If data is breached, even though no patients are harmed the dentist is at fault and subject to punitive fines and other administrative penalties.