MG+M Wins Summary Judgment in Class Action Matter on Behalf of Client HealthPort Technologies

May 30, 2017

Kanawha County, WV - MG+M ("MG+M") has obtained a summary judgment on behalf of client HealthPort Technologies ("HealthPort") in Basil Crookshanks, on behalf of himself and all others similarly situated, v. HealthPort and Charlestown Area Medical Center ("CAMC"), a class action case brought in the Circuit Court of Kanawha County, West Virginia. The summary judgment was entered via a writ of prohibition from the Supreme Court of Appeals of West Virginia, overturning the trial court's decision, and awarding dismissal on the grounds that Plaintiff lacked article 3 standing.

Plaintiff's complaint alleged that HealthPort and CAMC (collectively, "Defendants") had violated W.Va. Code § 16-29-2(a) by overcharging for the production of medical records.  Plaintiff sought to certify a state wide class comprised of all similarly-situated individuals that had requested their records from CAMC or other providers serviced by HealthPort, who had been similarly charged purportedly excessive fees.           

The case arose from Plaintiff’s retention of a law firm (“Plaintiff’s Firm”) to prosecute a medical malpractice claim against a nursing home.  Plaintiff entered into a contingent fee agreement with Plaintiff’s Firm, whereby it would front all litigation expenses and only receive reimbursement if there was a recovery on Plaintiff’s behalf.

The Court determined that Plaintiff could not satisfy the first prong of the standing analysis because the record demonstrated that he had not suffered an injury-in-fact.  The Court found that it was Plaintiff’s Firm that had suffered a “direct pocketbook injury”. Further, the Court noted that, “Mr. Crookshanks may become contractually liable to his lawyers for this allegedly unlawful expense at a future date, but until he does, his loss is contingent and conjectural.”

MG+M Partner, Javier Flores, a member of the firm’s class action litigation practice group, served as lead counsel for the Defendants.

More details on this case here


MG+M (MG+M) is a national litigation firm with deep expertise in a wide range of practice areas. We approach litigation as a unified team, integrating our efforts with those of our clients to advance their interests wherever they do business. Our goal is always to deliver optimal results at the best possible value. Our national footprint, comprised of eleven offices across the country and our local counsel network covering all 50 states, facilitates our ability to rapidly mobilize the necessary resources and talent to protect our clients’ interests anywhere in the country.