July 24, 2015

Law360, Los Angeles (July 24, 2015, 7:36 PM EDT) -- The Eleventh Circuit has taken up a suit alleging HCA Holdings Inc. overcharged patients' personal insurance protection at several HCA-run Florida hospitals, to review a lower court decision to strike the class allegations and dismiss all but one plaintiff.

The plaintiffs are contesting U.S. District Judge James S. Moody Jr.'s decision in February, which gutted the putative class action and allowed only one of the four individual plaintiffs, Marisela Herrera, to go forward with her claims against a single hospital.

"If this case were to proceed, the most important issue to settle, the reasonableness of the charge for the specific radiological service and the damages incurred by each putative plaintiff, would be highly individualized in nature," Judge Moody wrote, granting HCA's motion to strike. "What is a reasonable charge for radiological services in one geographical area may not be reasonable for another."

"We are very pleased that the Eleventh Circuit has accepted the appeal and will allow the issues to be fully briefed," said the plaintiffs’ lead attorney, Theodore Leopold of Cohen Milstein Sellers & Toll PLLC. "HCA’s conduct of overcharging injured individuals who are already suffering needs to be addressed and stopped, and we look forward to helping to do just that."

The plaintiffs are represented by Theodore J. Leopold, Leslie M. Kroeger, Diana L. Martin, Andrew N. Friedman, and Douglas J. McNamara of Cohen Milstein Sellers & Toll PLLC.

The complete article can be accessed here.