HomeMy WebLinkAbout2019-13625 (2)
TAYLOR WOOLEY; RUTH: IN THE COURT OF COMMON PLEAS OF
HORICK; KRISTINA SAGE;: CUMBERLAND COUNTY, PENNSYLVANIA
LISA KNOTT; and,K.F., a:
Minor, by A.F., Guardian; C.A.,:
a Minor, by K.A., Guardian;:
G.S., aMinor, by L.W.,: CIVIL ACTIONMEDICAL PROFESSIONAL
Guardian; L.B., a Minor, by :LIABILITY ACTION
M.B., Guardian; and F.B., a:
Minor, by M.B., Guardian;: CLASS ACTION
individually and on behalf:
of all persons similarly:
situated,:
Plaintiffs:
:
v.:
:
UPMC; UPMC PINNACLE;:
and, UPMC CARLISLE, d/b/a:
UPMC PINNACLE CARLISLE,:
d/b/a PINNACLE HEALTH:
CARLISLE REGIONAL:
MEDICAL CENTER,:
Defendants: NO. 2019-13625 CIVIL TERM
BEFORE HYAMS, J.
ORDER OF COURT
29th October
AND NOW, this day of , 2021, upon consideration of
,asmodified, following oral
argumenton September 28, 2021, and for the reasons stated in the accompanying
opinion, it is ordered and directed as follows:
1. The Court certifies this matter as a class action, limited to the issue of
liability.
2. The class is defined as:
All individuals, known and/or unknown, who were recorded
and/or photographed by MichaelD. Bragg within UPMC-
Carlisle between July 1, 2017 and May 1, 2019. Individuals
are qualified for class membership only after they have been
informed by the Pennsylvania Office of Attorney General
them created at UPMC-Carlisle.
3. This case shall be bifurcated on liability and causation/damages. The case
urt will work
with the parties to schedule trials for individuals regarding causation and the
extent of their damages and injuries, if any. Discovery shall be similarly
bifurcated into a liability phase, and a later causation/damages phase after a
liability trial.
4. Every member of the class shall be included in the matter as a class member
unless by sixty (60) days from thedate of the mailing of class notice the
individual class member files of record a written election to be excluded from the
class pursuant to Pa. R.C.P. 1711.
5. Plaintiffs shall file a motion pursuant to Pa. R.C.P. 1712 regarding class
notice within sixty (60) days from the date of the entry of this Order.
6. Cassidy Allison, Lisa Knott, Kristina Sage, and Taylor Wooley are
appointed
shall continue as class-members only. The caption is hereby amended to reflect
same.
7. Andreozzi + Foote is appointed Class Counsel.
BY THE COURT,
_______________
Carrie E. Hyams, J.
DISTRIBUTION:
Benjamin D. Andreozzi, Esq.
Nathaniel L. Foote, Esq.
Veronica N. Hubbard, Esq.
ANDREOZZI + FOOTE
4503 North Front Street
Harrisburg, PA 17110
Attorneys for Plaintiffs
John C. Conti, Esq.
Grant W. Cannon, Esq.
Steven L. Ettinger, Esq.
Cassandra L. Boyer, Esq.
DICKIE, McCAMEY & CHILCOTE, P.C.
Suite 400
Two PPG Place
Pittsburgh, PA 15222-5402
Attorneys for Defendants
Hubert X. Gilroy, Esq.
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
Attorney for Defendants