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DOE v. BJC HEALTH SYSTEM

No. 23-1107.

89 F.4th 1037 (2023)

John DOE, I, et al., Plaintiffs-Appellees v. BJC HEALTH SYSTEM, doing business as BJC Healthcare, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 28, 2023.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant and appeared on the brief was David Alan Carney , of Cleveland, OH. The following attorneys also appeared on the appellant brief; John D. Comerford , of Saint Louis, MO., Paul G Karlsgodt , of Denver, CO., and Adam Joseph Simon , of Saint Louis, MO.

Counsel who presented argument on behalf of the appellee was Jennifer M. Paulson , of Alton, IL. The following attorneys appeared on the appellee brief; Amy Collignon Gunn , of Saint Louis, MO., Jason Owen Barnes , of New York, NY., Elizabeth S. Lenivy , of Saint Louis, MO. and Eric S. Johnson , of New York, NY.

Before SMITH, Chief Judge, MELLOY and ERICKSON, Circuit Judges.

Plaintiffs brought this putative class action against BJC Health System (BJC) in Missouri state court. They claim that, when they visited BJC's online patient portal to access electronic health records (EHRs), BJC shared their protected health information (PHI) with third-party marketing services in violation of Missouri law...

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