Lawyers for Quest Diagnostics Inc. are seeking to have a class action lawsuit brought against the company over its notification practices moved from state to federal court.
Quest filed the request in U.S. District Court of the District of New Jersey on Friday, a little more than three months after one of its clients brought a class action lawsuit against it for allegedly violating state consumer laws and the federal Health Insurance Portability and Accountability Act, commonly referred to as HIPAA.
The plaintiff says the company’s automated system for sending lab test order notifications is defective and the company refuses to take steps to address it.
The flawed system puts patients in jeopardy of having and paying for tests that were not, in fact, ordered for them, according to the class action lawsuit, and opens other patients to the possibility of not having tests their doctors wanted them to have.
John Sacchi, a 70-year-old stroke survivor from New Jersey, says after he received an email notification informing him he was scheduled for Quest Diagnostics lab tests he was not expecting, he contacted the medical testing company to find out who ordered them. Quest allegedly refused to tell him, and after months of back-and-forth efforts to get the information, a Quest representative tried to report Sacchi to the New Jersey Attorney General.
“Incredibly, rather than simply provide the information, Quest made false statements to the Division of Criminal Justice in Quest’s effort to manufacture a criminal case against [the plaintiff],” Sacchi’s class action lawsuit says.
Quest indicated its actions were prompted by the fact that Sacchi audiotaped a telephone conversation with Quest representatives who, he says, admitted the company’s computer system frequently sends misdirected notifications for lab tests to patients. A few hours after the phone call, Sacchi’s lawyer sent Quest a letter informing the company he planned to file a class action lawsuit.
New Jersey’s justice department responded two days later saying it found no likely criminal activity on Sacchi’s part, the plaintiff’s court filings state.
“Undeterred, and still refusing to even discuss [Sacchi’s] request for his protected health information, Quest threatened to personally sanction the seventy-year-old stroke survivor if he continued” to try to uncover through Quest’s records where the lab test orders came from, the class action lawsuit says.
Sacchi says he was told by Quest representatives that it is company policy not to disclose to patients their own protected health information records maintained by Quest regarding which doctors order tests for them.
That makes it impossible for patients who get unexpected notifications that lab orders have been received and tests scheduled to find out from Quest who ordered the tests, in which case it is impossible for those patients to verify their validity.
“Quest knowingly and deliberately jeopardizes the health and safety of thousands of New Jersey medical patients pursuant to its company-wide policy that openly refuses to address its acknowledged and ongoing systemic misdirected lab test appointment notifications,” the class action lawsuit alleges.
The company’s approach deprives “countless patients of critical lab tests while subjecting other patients to anxiously search which prescribers — if any — may have prescribed the noted lab tests and … to undergo tests that may never have been ordered for them.”
Sacchi filed the class action on behalf of himself and all others who have been subjected to misdirected Quest Diagnostics lab tests, the court filing indicates. It is unclear how many other Class Members will qualify to participate in the legal action.
Under the New Jersey Consumer Fraud Act, which Sacchi claims Quest has violated, plaintiffs can be awarded damages, attorneys’ fees and penalties of $10,000 for the first violation, $20,000 for the second and every subsequent violation, and enhanced damages of $30,000 for violations perpetrated against senior citizen and/or persons suffering from a disability.
“Quest, unfortunately, has proven it will take no action unless ordered by a court,” Sacchi argues in the class action lawsuit.
The complaint goes on to say, “because few consumers have the wherewithal to pursue the matter in a judicial forum against a worldwide corporation, Quest essentially enjoys little chance of being held accountable in the absence of a class action proceeding.”
Have you received email notifications from Quest Diagnostics about questionable lab tests that have been scheduled without your knowledge? Did Quest refuse to tell you what doctor, if any, ordered the tests? Tell us about it in the comment section below.
Plaintiff John Sacchi and the proposed Class Members are represented by Stephen J. Simoni of Simoni Consumers Class Action Law Offices.
The Quest Diagnostics Lab Tests Class Action Lawsuit is John Sacchi, et al. v. Quest Diagnostics Inc., et al., Case No. 3:20-cv-12804-MAS-TJB, in the U.S. District Court of the District of New Jersey.
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13 thoughts onClass Action Lawsuit Filed Over Quest Diagnostics Lab Tests Notification System
Hello my name is Alissa Paladino I’m a single mother of two beautiful children. I was visited by a Tx CPI on 06/ 01/ 24, there were numerous false allegations reported. I immediately met with the investigator. She spoke with my kids and I, made sure my home was stable. She told me it seemed the reporter was out to get me. I did agree to do a mouth swab or felt forced to do so. I assumed the case was closed. Then i receive a follow up from another employee stating I need to give my mother temporary custody. I wanted to seek legal advice but was told if I do that CPS wouldn’t have jurisdiction. I had a CPS case back in 2021 when my kids dad called out of anger. He was upset I left him and moved on those allegations were false. I had made some poor choices and was occasionally using drugs when my kids weren’t present. I passed all the hair follicles and successfully got my kids back. This was also mentioned or used against me when the CPI came. I have emotional distress, PTSD and fear once again from the horrible experience. So I willing signed a voluntary safety plan. Now at the end of the 90 day plan when I should be done I’m expected to complete classes. I have been asking since early June to do them but was not referred until Aug 1st. The Padre class told me my case worker didn’t send my paperwork until 7/31. I’m over the bullying with them, lack of communication and how I feel like there puppet. I have passed the mouth swab test they gave me and been doing classes on my own not thru there program. Please point me in the right direction I don’t want to continue to be belittled or treated like a criminal. Everything I have been told never is true and turns into more madness. In the service plan there is multiple statements that are false that were typed up by the worker. I have copies of those documents if needed. Yesterday the worker called while I was working, she still went to my mom’s and seen the kids. My mom told her I don’t want to continue this or do the class that is just being offered. She told her I need a attorney by Monday or she will remove my kids. I filed a complaint with the Us department of civil rights and was told my complaint arose concerns and would be forwarded to the appropriate federal agency. The next day the Cps visited me and ask me to sign another safety plan, however I did not. Now i fear she will retaliate and lie to get a court order to remove my kids. As well as I filed a complaint and emailed Texas dfps complaint office. I found out that quest diagnostics and the MD who evaluated my mouth swab have been sued for falsifying results. This seems extreme and corrupt, what rights do I have? Or legal advice could you help with? Is there away to apply for pro bono attorney online or does this need to be done in the county I reside? Thank you for your time and God bless!
I had urine test on Sep 7, 2023. I paid 99.99 out of pocket. I told be back 24-48hrs. The week of 18th sep I called for 2days spent 3+hrs each day getting run around for my test results. I then emailed person I paid and ordered test with. She said she get me results. Now I’m being told no test was done. I asked for my money back and got no answer. This was very important to me and them thinking I should forget about my 100.00 is crazy. I feel very distraught over time money, going to lab all for not. I want to stop tHis place dealing with medical issues for people from doing this to anymore innocent people. So many ppl across USA have been effected by there treatment of us all.
I am on Medicare and in the past 6 months have received bills from quest. The issue is I shouldn’t receive a bill from quest as my medicare covers all blood draws. I have been with Humana for over 13 years and up until this year never received a bill from quest. I have called my insurance and together the representative and I have called quest and the routine answer they give is the insurance did not bill correctly. The rep with me called them out and said that was not the case and the Quest rep then said go ahead and disregard the bill..yeah ya think!? The problem is they also billed over 200 dollars for an injection that I never received ! Quest has not stopped being shady after all of the millions they have had to pay out in fines. Quest does not operate in faith and in my opinion should be made to pay dearly for the lies and dishonesty and the shameful way they treat both insurance companies and regular patients as well.