5th Circuit revives complaint over hospital’s surprise surcharge

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted October 4, 2022 11:26 AM

Curious about a mysterious line item on the bill from her trip to an emergency room in Biloxi, Miss. — a $2,201 charge for “ER Dept Extnsiv” — Kimberly Henley found out it was a “facility fee” that she says the hospital didn’t disclose before she received treatment.Her class action complaint against Biloxi H.M.A. (d/b/a as Merit Health Biloxi) alleged the hospital violated a duty of disclosure under Sec. 551(1) of the Restatement (Second) of Torts — because it failed to provide “notice or warning” of this surcharge …

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