Court of Appeals Reverses Class Certification Against MCG Health, Inc.

A case that went to the Georgia Court of Appeals reversed a class certification previously granted by Judge J. Carlisle Overstreet of Richmond County Superior Court.  Attorney David Hudson of Hull Barrett, PC represented MCG Health, Inc.  Plaintiffs in this case asked for class certification against the hospital taking issue with the practice of filing liens on patients’ suits against alleged persons causing injuries.  David Hudson defended the practice of lien filing because MCG must “protect itself in case, for example, a patient’s health insurer won’t pay, telling the hospital to seek recourse from the party that caused the injury” or “if the patient’s health coverage has lapsed.”

Mr. Hudson further argued “that each plaintiff presents a different situation, making class treatment of the matter inappropriate.”

Judge Sara Doyle, on the panel of the Court of Appeals, noted, “an examination of the plaintiffs’ claims reveals a variety of factual and legal issues resulting in numerous individualized inquiries and answers.”

On March 20th, the Court of Appeals reversed the class certification.  Hudson said, “the whole lesson from this case is each patient’s claim is different.”

Read more about this decision HERE.

David Hudson

Picture Credit: John Disney/Daily Report

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