Class action against Cardinal Glennon dismissed by Stack

Steve Korris Apr. 18, 2007, 10:00am

Madison County Circuit Judge Daniel Stack dismissed Lanny Darr's class action against Cardinal Glennon Children's Hospital of St. Louis.

Stack wrote in an April 11 order that Darr's plaintiff, Jacqueline Johnson, failed to state a cause of action against Cardinal Glennon.

Stack gave Darr a month to find a different plaintiff.

Darr sued for Johnson in 2004, alleging that Cardinal Glennon charged unreasonable rates to patients who lacked insurance.

He moved to certify Johnson as class representative for all uninsured patients of Cardinal Glennon.

In January, attorney Ed Bott of St. Louis notified Darr and Stack that Cardinal Glennon would not try to collect Johnson's bill.

Bott declared the case moot and moved to dismiss.

Darr argued in February that Johnson could still lead a class action.

Darr wrote that Johnson still sought attorney's fees, monetary damages, injunctive relief and class certification.

Stack's order granted Cardinal Glennon's motion, but Stack did not adopt Bott's argument of mootness.

Stack wrote that he dismissed "for failure to state a cause of action under the circumstances."

He gave Darr 30 days to amend the complaint.

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