Decision awaited

Motions in web page case go to judge

By David Baker
Posted Monday Dec. 17, 2012

The judge in Samaritan Hospital’s lawsuit against a web page that lists medical malpractice claims now has a request that he order the hospital to produce documents in the case, and a response from Samaritan objecting to the demand.

The motion before Acting Supreme Court Justice Andrew G. Ceresia to compel production of the information came after the hospital’s lawyers objected to every one of 15 demands for items related to the hospital’s claims that its reputation has been damaged by the web page.

In its response to the motion, Samaritan dropped almost all of its claims.  However, it is still seeking an injunction prohibiting the use of the Internet domain name ‘northeasthealthclaims’ and a logo, as well as its legal fees.

Ceresia has 60 days to issue a decision.  It will be his second in this case; in June he denied a motion to recuse himself because of his prior employment with a law firm that represented Samaritan Hospital, instead granting a formal request by the hospital that he remain on the case.

***