Southard v. Saint Anthony's Health Systems, Alton

Filed: September 2, 2004

Judge: Byron

Plaintiff's Attorney(s): Lanny H. Darr, Schrempf, Blaine, Kelly & Darr, Ltd., Alton; T. Evan Schaeffer, Schaeffer & Lamere, Godfrey

Named Plaintiff(s): Marty Southard, Alton

Defendant(s): Saint Anthony's Health Systems

Complaint: Plaintiff alleges Saint Anthony's violated the Illinois Consumer Fraud Act by placing a lien against the proceeds of her personal injury recovery.

Injured in an auto accident, Southard was treated at Saint Anthony's Hospital in Alton, incurring charges of $4,509. She claims the charges were paid by her insurance company but that Saint Anthony's placed a lien on her potential recovery anyway.

The complaint also alleges a scheme to defraud insurers and patients "who were the victims of traumatic occurrences."

Background: The way hospitals bill auto accident victims and their insurance providers is a new area of interest for class-actions.

A firm in Pittsburgh, Pa., Malakoff Doyle & Finberg, P.C., is exploring a possibly similar action against a hospital in that state.