The plaintiff sought to certify a class action against a hospital and a former nurse who improperly accessed thousands of patient records to steal Percocet.
The defendants opposed certification and moved for summary judgment, arguing the privacy breach was fleeting and caused no compensable harm.
The court certified the class action for the tort of intrusion upon seclusion, finding that even a minimal intrusion into highly private health records could be considered 'highly offensive'.
However, the court granted summary judgment dismissing the negligence claim, as the plaintiffs suffered no actual compensable harm.
The plaintiff's motion to substitute a new representative plaintiff was also dismissed due to the proposed representative's unsuitability.
