Frequently Asked Questions

1. Why was I contacted by your firm?

MarinHealth recently informed us —under a discovery order—that your Emergency Department visit was likely captured on a ceiling camera and streamed where it could be viewed by non-medical personnel, such as the hospital’s security officers. The letter informs you of that finding and invites you to help establish your right to compensation in this lawsuit.

2. Does your communication mean I was definitely recorded?

If you were contacted, that means MarinHealth’s disclosures identified you as one of the patients who were treated in a room with a camera during the time the recording system was operational.

3. What is the lawsuit about, in one sentence?

Plaintiff accuses MarinHealth of recording Emergency Department (“ED”) patients without their consent, exposing their medical information to unauthorized viewers, failing to secure the videos, and failing to and then failing to notify the victims in violation of HIPAA, the CMIA, and other laws.

4. Who is included in the proposed class?

All persons recorded or live-streamed in MarinHealth’s ED without notice or consent between December 21, 2019 and present.

5. What compensation does the lawsuit seek?

Plaintiff asks the Court to award each class member:

• Repayment of all ED charges you and your insurer paid for the visit in question.

•  Actual, statutory (minimum $1,000), and punitive damages for privacy violations.

•  Injunctive relief ordering MarinHealth to delete or secure the videos, notify every victim, and overhaul its privacy safeguards.

•  Attorney fees and litigation costs, so patients bear no out-of-pocket expense.

 6. What does “Granting Plaintiff’s counsel limited access to your patient recording” involve?

In order to review your patient recordings for evidence supporting Plaintiff’s claims, we are requesting your written permission. Upon obtaining this information, we will request the hospital to produce your recording to Plaintiff’s counsel under a strict Protective Order. The Protective Order limits the use of the footage to this case. If you have additional concerns, Plaintiff’s counsel can discuss and address those in a private consultation.

7. Am I required to give that permission?

No. Participation is voluntary. Declining will not remove you from the class, but it may delay or limit Plaintiff’s ability to prove damages unique to your visit. If you authorize release, counsel can review the video under seal and may seek higher individualized relief where appropriate.

8. How is my medical information protected if I say yes?

The Court-entered Protective Order bars counsel from using, sharing, or filing the video (or any medical records obtained through discovery) outside this lawsuit. Violations would subject lawyers to court sanctions.

9. What is the Patient Survey I was told to complete?

Within days you will receive a brief questionnaire asking, for example, whether you saw any camera notices or signed a recording consent. Completing the survey strengthens the class case by showing a consistent lack of notice across patients.

10. Will I owe any money to participate?

No. The complaint asks the Court to make MarinHealth pay all attorneys’ fees and costs if the case succeeds. Any fees earned by Plaintiff’s counsel would come from the recovery MarinHealth pays in this litigation.

11. Could my video lead to identity theft?

The suit alleges the recordings captured not only images of patients undressed but also medical charts showing names, dates of birth, insurance numbers, and other sensitive data, increasing the risk of misuse if ever leaked. The lawsuit asks the Court to impose deletion safeguards on MarinHealth to help Plaintiff’s counsel ascertain the risk of identity theft patients face. Plaintiff also asks the Court to order other appropriate relief which may include credit-monitoring services for affected patients.

12. What are the next steps in the lawsuit?

Evidence Gathering – MarinHealth must keep producing documents and, with your permission, specific videos.

Class-certification motion – Plaintiff will ask the Court to formally certify the class.

Settlement or Trial – If no settlement is reached, the Court will set a trial date to decide liability and damages.

13. How do I authorize release of my video or ask questions?

Email info@consumerlaw.us with your full name and a statement that you authorize counsel to obtain your patient video under the Protective Order. If yo have additional questions, let us know how to best way to reach you or schedule a consultation through this website.

14. Will participating affect my future care at MarinHealth?

Retaliation for joining a class action is unlawful. The suit seeks only monetary and injunctive relief—it does not ask patients to change providers. If you feel uneasy about continuing care there, discuss alternatives with your physician and Plaintiff’s counsel.

15. Where can I find more information?

To discuss your concerns with one of our attorneys, schedule a consultation through this website.

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