The Pennsylvania Superior Court has once again thwarted a proposed class action lawsuit against two health plans over the loss of a flash drive with nearly 300,000 patients’ data, in part relying on a ruling that came down between the plaintiffs’ first and second attempts to certify the class.
When a prior Superior Court panel ruled on the case of Baum v. Keystone Mercy Health Plan, it remanded the case back to the Philadelphia trial court after determining the lower court mistakenly found the plaintiffs had to show reliance on the health plans’ privacy promises to prove a claim for deceptive practices under the Uniform Trade Practices and Consumer Protection Law. The Superior Court said only the UTPCPL’s fraud provisions required proof of reliance, not the deceptive practices provision. It asked the trial court to review the plaintiff’s motion to certify the class on that claim, the merits of which the trial court hadn’t previously tackled.
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