Melissa Bilancini and Alexander Vitruk of BakerHostetler write:
… Since June 2022, over 100 Hospital Website Pixel Cases have been filed against hospitals in federal and state courts around the country. Despite the growing number of cases, there is limited precedent regarding potential liability. None of the cases have gone to trial, and we are unaware of any summary judgment or summary adjudication rulings. In most instances, motions to dismiss have successfully disposed of certain claims but not entire cases. One state court in Washington certified a class, while another state court in Maryland denied class certification. Only two settlements have been made public. The first, in Massachusetts state court, was settled for $18.4 million. More recently, a Wisconsin state court granted preliminary approval of a $2 million settlement. In short, the ultimate question of liability and potential settlement exposure is unknown to date.
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