DEEGAN & McGARRY v. MED-COR

Nos. 71588 and 71633.

125 Ohio App.3d 449 (1998)

DEEGAN & McGARRY et al., Appellees, v. MED-COR et al., Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided January 26, 1998.


Attorney(s) appearing for the Case

Donahue & Scanlon, Thomas J.Scanlon, Tim, L. Collins, Dennis M. Coyne; Shapiro, Haber & Urmy, Edward F. Haber and Michelle Blauner, for appellees.

Spengler & Nathanson, Theodore M. Rowen and Teresa L. Grigsby, for appellant Med-Cor, Inc.

Hahn, Loeser & Parks, Debra A. Coleman, Arthur M. Kaufman, Mark Griffin and David C. Weiner, for appellants Lake Hospital Systems, Meridia Health System, MetroHealth System, Richmond Heights General Hospital, St. Alexis Hospital Medical Center, St. Luke's Medical and Meridia Huron.

Thompson, Hine & Flory, L.L.P., Patrick F. Haggerty and Robert F. Ware, for appellant PMSI, L.P.

Cook & Batista Co. and James W. Moennich, for appellant St. Joseph Hospital.

Bricker & Eckler and John F. Birath, Jr., for appellants Riverside Methodist Hospital, Grant Hospital, Columbus Community Hospital, Park Medical Center, St. Ann's Hospital, Southwest General Hospital and Jewish Hospital.

Baker & Hostetler and Joseph C. Feliciano, for appellant Doctors Hospital.

C. Richard McDonald, for appellant Keen Imaging Medical Records Service.

Calfee, Halter & Griswold, Michael Brittain and James F. Lang, for appellants Cleveland Clinic Foundation, Brentwood Hospital, Meridia Hillcrest Hospital, Meridia Euclid Hospital, Meridia Huron Hospital and Meridia Suburban Hospital.

Weston, Hurd, Fallon, Paisley & Howley, Stephen D. Walters and David C. Lamb, for appellants University Hospital of Cleveland and Euclid MEDNET.

Gallagher, Sharp, Fulton & Norman, Ernest Auciello and William A. Viscomi for appellant St. Alexis Hospital.

Montgomery, McCracken, Walker Walter & Haverfield and James D. Wilson, for appellants Smart Corporation and Recordex Services, Inc.

Vorys, Sater, Seymour & Pease and James A. Wilson, for appellant Children's Hospital.

Ulmer & Berne, Ronald Isroff and Jennifer H. Gorman, for appellant Hospital Correspondence Corporation.

Arter & Hadden and Victoria L. Vance, for appellant Mt. Carmel Hospital.

Arter & Hadden and Jeffrey A. Healy, for appellant Fairview General Hospital.

Vorys, Sater, Seymour & Pease and Joel I. Ratner, for appellant Children's Hospital.


PATTON, Judge.

The trial court certified as a class of plaintiffs three law firms and all persons who were patients of twenty-seven hospitals in the Cleveland, Columbus, and Cincinnati metropolitan areas who had permitted their attorneys (whether named in the suit or not) to request their medical records from seven medical records services employed by the defendant hospitals. The dispositive issue, raised in plaintiffs' motion to dismiss this appeal, is whether the...

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