Johns Hopkins Class Action Settlement To Be Discussed Over OB/GYN

A class action lawsuit against Johns Hopkins Hospital has been certified for settlement negotiations on behalf of about 9,000 former patients of Dr. Nikita Levy, a gynecologist who killed himself earlier this year after it was discovered that he had been secretly photographing and recording women during OB/GYN examinations.

Last week, a Baltimore judge approved a mandatory class for individuals who wish to obtain damages from Johns Hopkins as former patients of Dr. Levy, for the limited purpose of discussing settlement with the hospital, allowing individuals to pursue litigation if an agreement is not reached.

Johns Hopkins faces a growing number of lawsuits brought on behalf of Levy patients, who allege they have suffered damages, including privacy violations and emotional distress, after learning that they may have been secretly recorded by their gynecologist.

It has been discovered that Dr. Levy used a pen camera and other recording devices to photograph patients at various times during his 20 year career as a physician with Johns Hopkins at their East Baltimore Medical Center, a community clinic located in Baltimore, Maryland. Levy was found dead in his home in February 2013, and police indicated that a large amount of evidence was discovered that suggested hundreds of women may have been victims.

Federal Bureau of Investigations (FBI) agents are still going through Levy’s computer images months later trying to identify victims and determine the scope of his crimes. FBI investigators say he took thousands of pictures of his patients, and attorneys representing patients who filed a medical malpractice class action lawsuit against Johns Hopkins earlier this year say there could be pictures or video of as many as 9,000 female patients he saw over the years.

Attorneys for the victims indicate that many of the women are now afraid to see an ob/gyn for fear of similar abuse. That fear could negatively affect their health in the future, the lawsuit claims. The attorneys are now working through a mediator with Johns Hopkins to settle the class action lawsuit.

The complaint calls for Johns Hopkins to pay damages for invasion of privacy, intentional infliction of emotional distress and negligence in failing to prevent the recordings at their clinic. The lawsuit charges that the hospital should have known about the illegal activity and should have put safeguards in place to prevent such behavior by its employees.

Eventually, a staff member informed hospital security about the illegal recordings, sparking the investigation. However, the complaint alleges that Johns Hopkins and their staff should have recognized, reported and stopped the secret recordings long before they did. A number of unusual or suspicious patterns of conduct by Dr. Levy have been identified by patients since information about the recordings was reported.

Former patients have indicated that the examination table in Dr. Levy’s office was rearranged to face a wall and that Dr. Levy usually examined patients without a female staff member present or failing to offer patients the option of having a chaperone present, which is a recommended procedure by the American Medical Association (AMA) from the standpoint of ethics and prudence.