Schedule Your Free Consultation

Class Certification Received in Faraci Lange's Medical Records Overcharge Lawsuit

Medical Records Overcharge Lawsuit

U.S. District Judge Michael A. Telesca granted class certification in a consumer protection lawsuit accusing health facilities operated by the University of Rochester and its health IT vendor, Verisma Systems, of overcharging patients for copies of their medical records.

The decision, which is in favor of the six lead plaintiffs represented by Faraci Lange LLP and Nichols Kaster PLLP, was issued on Thursday and gives the green light on the case proceeding to the next phase of litigation.

The plaintiffs claim that Verisma Systems, U of R Medical Center, Strong Memorial Hospital, and Highland Hospital violated New York's Public Health Law by overcharging patients who had requested copies of their medical records from these facilities.

The court had been asked to certify a class of all the patients who had requested copies of medical records either by themselves or, "through a lawyer, personal representative, or other qualified person acting on their behalf" from one of the listed facilities and was charged by Verisma Systems for the records anytime on or after May 14, 2011.

Judge Telesca granted this request and explained that the nature of the class definition limited the chances of individual issues hindering class concerns.

It was also noted in the decision that, "at least 38,000 medical record requests were fulfilled, invoiced and paid pursuant to Verisma's challenged fee schedule during this time period."

New York's Public Health Law limits the amount that may be charged to produce medical records to, "a reasonable charge ... not exceeding the costs incurred," and no more than 75 cents per page.

The six patients who initiated the lawsuit in May 2014 claimed that the health care facilities and Verisma violated the law by imposing an "across-the-board, uniform charge of 75 cents per page for all copies of medical records, even those produced electronically, in excess of their actual costs."

In his ruling, Judge Telesca named Faraci Lange, LLP, and Nichols Kaster, PLLP as class counsel. He also appointed plaintiffs Ann McCracken, Joan Farrell, Sara Stilson, Kevin McCloskey, Christopher Trapatsos, and Kimberly Bailey as class representatives.

The patients are represented by Faraci Lange attorneys, Stephen G. Schwarz, and Kathryn Lee Bruns, as well as Kai H. Richter and Eleanor Frisch of Nichols Kaster.

Read the full article here.

If you believe you may be eligible for a medical record claim, call (888) 997-4110 or click here to contact us for a free legal consultation.


Why Choose Our Firm?

  • Over 50 Years of Experience
  • 11 Attorneys Listed in Best Lawyers in America®
  • 3 Attorneys Are Part of the American College of Trial Lawyers
  • Focusing Solely on Personal Injury Cases
  • Compassionately Helping Injured Victims in Western NY Since 1968

An Experienced Team
You Can Trust

More Than A Case

Our Clients Are Our Priority
  • “Every person we encountered at Faraci Lange was supportive and worked diligently to settle our case with the very best results possible.”

    - Former Client
  • “I can’t thank them enough for their hard work and diligence in resolving my case favorably.”

    - Phil N.
  • “I would most definitely recommend this firm to anyone in need of a top personal injury lawyer.”

    - Michael M.
  • “A tragedy is difficult, but with such wonderful, caring people guiding us, the horrible time in our lives was made a little easier to deal with.”

    - Lisa P.
  • “They were never too busy to speak with me and address my issues.”

    - Ronald W.

Contact Us

Schedule Your Free Consultation
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.