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Birkhofer v. DNA Genetics, LLC

D. Neb. · No. 4:26-cv-03353

Full docket on CourtListener ↗

No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

MatterTypePractice areaCourtDateValue
DNA Genetics, LLCsource ↗
filed by ZAIN SHIRAZI LAW FIRM, PLLC · Judge John Melvin Gerrard · No. 4:26-cv-03353 · 42:2000e Job Discrimination (Employment) · view case timeline →
Comparable settlements $59.50M–$725M ▾
Privacy claims show split outcomes: Bayhealth and Gunnar Optiks survived motions to dismiss, while Tower Health, Nuance, and Walker were dismissed on similar data-sharing/consent theories. No direct wiretap ruling in the comparable set increases uncertainty for D. Neb.
Comparable settlements $59.50M–$725M median $115M · n=10
Meta $725M · Google $425M · Apple $250M
Per member (realized): ~$29 median · $29–$29 (n=2)
Comparable verdict: Google LLC $425.70M · Google LLC $425.65M
Key precedent: Doe v. Bayhealth Medical Ctr. — survived MTD on confidentiality duty, suggesting courts may recognize privacy duties for health-adjacent data handlers like DNA Genetics.
Main risk: Dismissal risk mirrors Tower Health and Nuance, where pixel/biometric claims failed due to statutory exemptions or pleading deficiencies on actual interception/disclosure.
Rough EV model (wide — class size is the big unknown, not a prediction): $1M–$60M
DNA Genetics' identity/scale is ambiguous in web signals (possibly confused with unrelated entity or smaller player), creating wide uncertainty in class size and per-member recovery. · grounded in 9 rulings, 10 settlements, 4 verdicts
FilingPrivacy & WiretapD. Neb.2026-10-23$59.50M–$725M
comparable settlements