SKV Wins Appeal of Dismissal of Class Action


In a victory for SKV’s client, a major regional non-profit hospital system, the Texas Court of Appeals for the First District sustained the trial court’s dismissal of a class action petition complaining that the Hospital System did not charge reasonable rates for treatment of uninsured patients in the Hospital’s emergency department.  Plaintiffs claimed that the Hospital System’s normal “chargemaster” rates were “vastly higher” than the reasonable value for hospital services and “far in excess” of what all other categories of patients pay for the same treatment and services.  The Court of Appeals rejected the claim, affirming the trial court’s decision to dismiss the claim in response to the Hospital System’s plea to the jurisdiction on the grounds that the class action claim was not ripe for adjudication.  The law firm that filed the case has filed similar class actions across the country.  It was SKV’s second victory in defense of these claims.  Michelle Stratton wrote the Motion to Dismiss and the Brief on Appeal, with assistance from Justin Waggoner and Craig Smyser.


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