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Hannis v. Sacred Heart Hospital

In class action negligence suit, denial of plaintiffs' discovery motion affirmed; Bureau of Health was not only source of information needed to identify other potential members of class, and confidential information could not be used for purposes outside scope of statutory mandate to prevent and control communicable diseases.

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Argued: November 5, 2001

Before us is an interlocutory appeal by permission *fn1 of a Lehigh County Court of Common Pleas order denying the named plaintiffs’ (Plaintiffs) motion to compel the Allentown Bureau of Health to produce the names of possible class members in connection with a class action negligence suit they filed against Nestor Rios, M.D., a pediatrician, and his employer, Sacred Heart Hospital.

The Plaintiffs, individually and/or on behalf of their minor children, seek damages in connection with Dr. Rios having treated or had contact with them when he knew or should have known that he had infectious tuberculosis and without advising them of his condition or taking precautions to protect them from exposure to the disease. By order dated June 20, 2000, the trial court granted class certification and defined the class to include all persons 1) who, between November 1, 1995 and February 21, 1996 at Sacred Heart Hospital or Clinic, came into contact with, were exposed to, or were in close proximity with Dr. Rios; 2) who the Bureau of Health identified as having had such contact, exposure, or proximity during that period; 3) who were administered specified tests as a result of said contact, exposure, or proximity; and 4) who either tested positive for tuberculosis and received treatment or who received prophylactic medication and suffered adverse side-effects.

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