Health Law Daily Wrap Up, ELECTRONIC HEALTH RECORDS—S.D. Ohio: Judge consolidates three putative class actions against dermatology group for data breach, (May 1, 2026)

By Rebecca E. Hoffman, J.D.

The court also approved interim class counsel.

The federal district court in Ohio granted a motion for consolidation, brought by three patients separately bringing putative class actions against a dermatology practice for failing to protect their personally identifiable information from bad actors. The court also granted a motion to appoint as lead interim counsel an attorney with experience in such cases (Maddox v. Central States Dermatology Services, LLC, No. 1:26-cv-92 (S.D. Ohio Apr. 29, 2026)).

Personal info pinched. The plaintiffs were patients at Central States Dermatology Services, LLC, d/b/a DOCS Dermatology Group, DOCS, and Dermatologists of Central States. The practice’s systems were breached, and the perpetrator stole a myriad of confidential data about patients such as Social Security numbers, dates of birth, and medical and insurance information. One patient claimed, on behalf of himself and other patients, that the company did not adequately protect the patients’ personal information, that the breach was foreseeable, and that patients were not informed of the breach when it happened.

Appropriate to consolidate. In addition, the patient asserted that he suffered identity theft, which could happen again in the future. His complaint asserted claims of negligence, negligence per se based on the Federal Trade Commission Act and HIPAA, breach of implied contract, and unjust enrichment. The court explained that the patient teamed up with the plaintiffs of two other cases pending before the court, and they collectively moved for consolidation and for appointment of interim class counsel.

The provider did not object to the motions, and the court agreed that consolidation was appropriate, since the three cases involve common questions of law and fact, arise out of the same data breach, and address Central States’ alleged failure to protect the patients’ data.

“To be sure, the different named plaintiffs may have suffered different kinds of damage; for example, one may have experienced severe identity theft while others only suffered emotional distress from the prospect of such theft,” the court acknowledged. “But consolidation would still conserve resources by reducing duplicative production by Central States Dermatology and by saving judicial resources down the line.” The court also agreed to permit other similar actions brought in the Southern District of Ohio to join the consolidated case.

Interim counsel. As for interim counsel to represent the putative class while the court determines whether to certify, the court agreed on the proposed class attorney. Noting that he has experience handling class actions and “he has performed all of the work necessary for the case at this early stage,” the court made the appointment of interim class counsel.

The case is No. 1:26-cv-92.

Judge: Cole, D.

Attorneys: Terence Richard Coates (Markovits, Stock & DeMarco, LLC) for Bill Maddox. Noah Borys Oliver (Dickie, McCamey & Chilcote, P.C.) for Central States Dermatology Services, LLC.

Companies: Central States Dermatology Services, LLC

Cases: CaseDecisions EHRNews HITNews OhioNews