Stuart Gerson Quoted in “5 High Court Battles Health Cos. Should Keep an Eye On”


Stuart M. Gerson, Member of the Firm in the Litigation and Health Care & Life Sciences practices, in the firm’s Washington, DC, and New York offices, was quoted in Law360, in “5 High Court Battles Health Cos. Should Keep an Eye On” by Jeff Overley. (Read the full version – subscription required.)

Following is an excerpt:

That’s a major issue for hospitals and health insurers that have repeatedly suffered gargantuan breaches of patient information and subsequently inked multimillion-dollar settlements with customers.

"Health care providers, a group subject to a great many data breach class action suits, are particularly interested in whether the court will resolve the massive circuit split," Epstein Becker Green member Stuart M. Gerson told Law360.

Zappos is challenging a Ninth Circuit ruling that revived claims related to a data breach that affected 24 million shoppers. In its Aug. 20 petition, Zappos contended that the Third, Sixth, Seventh, Ninth and D.C. circuits let cases proceed without evidence of actual harm, while the First, Second, Fourth and Eighth circuits demand evidence of real injuries.