Patients given false psychiatric help can sue doctor and providers as class

July, 1999
By Lori Litchman

His accusers trusted him as their psychiatrist only to find out later that David Tremoglie was operating with a fraudulent medical license.

And even after healthcare providers found out about the fake license, they waited eight months before they told his patients, only doing so because of a lawsuit filed against them, one lawyer alleges.

Now, Philadelphia Common Pleas Court Judge Stephen E. Levin has cleared the way for nearly 600 people to opt in to a class-action lawsuit to recover economic, nominal and punitive damages on allegations of breach of contract, breach of confidentiality, invasion of privacy, fraud and negligent misrepresentation and violation of Pennsylvania's Unfair and Deceptive Practices and Consumer Protection laws.

At the same time, Levin precluded plaintiffs from seeking non-economic damages for negligence and personal injury or emotional distress claims under the class-action because those claims require delving into each patients’ individual history with Tremoglie and would be better suited to individual litigation.

"We stand firmly by our decision that the privacy, confidentiality, fraud, negligent misrepresentation, contract and [Consumer Protection Law] claims raised here share sufficient common issues to allow [former patient Harold] Katlin to proceed with these claims for economic, nominal and punitive damages on behalf of a class, but his negligence claims do not,” Levin wrote.

“Accordingly, in this class suit in which non-economic damages are excluded, common issues of defendants’ conduct predominate over the individual issues of the cause, nature and extent of each class member’s damages.”

Alan M. Feldman and Thomas M. Marrone, both of Feldman Shepherd & Wohlgelernter filed the class-action lawsuit. Feldman said to his knowledge that this is the first class-action a Pennsylvania court has ever recognized for a violation of someone’s right to privacy.

James B. King represents Tremoglie. James E. Stroud of Rawle & Henderson represents defendant Greenspring Health Services Inc. and Sheryl L. Auerbach of Dilworth Paxson represents defendant Keystone Health Plan East.

Stroud said he has not met with his clients yet to discuss the decision, but if they agree, he will seek an interlocutory appeal.
Auerbach and King could not be reached for comment yesterday afternoon.

BACKGROUND
One of Tremoglie’s patients, Harold Katlin, filed the lawsuit against Tremoglie, several corporate entities that operated the center where Tremoglie practiced and his health insurer.

The named defendants are Behavioral Health Care Associates, P.C., PsychResource Associates Inc., Advantage Behavioral Systems Inc. Greenspring Health Services, Inc. and Keystone Health Plan East, Inc.

Behavioral, PsychResouce and Advantage are all part of Greenspring. The company Magellan has since bought Greenspring.

Keystone Health Plan East is a subsidiary of Independence Blue Cross.

From March 1996 to October 1996, Tremoglie practiced at the Bustleton Guidance Center.

Feldman said many patients with HMO plans from Northeast Philadelphia were referred to Tremoglie.

Tremoglie has since admitted that his medical license, Drug Enforcement Agency license to write prescriptions and his professional liability insurance policy are all fraudulent.

Tremoglie is now serving prison time for the offense, Feldman said.

HEALTH CARE PROVIDERS
According to Feldman, Tremoglie’s credentials were never verified, and once officials found out he was falsely practicing, they did not inform the patients affected until after Feldman filed the class-action lawsuit.