PITTSBURGH – A married couple’s lawsuit which alleged West Penn Hospital was negligent in employing a radiology technician who used hidden cameras there to record more than 50 female patients in states of undress, including one of the plaintiffs, may be transferred to the Allegheny County Court of Common Pleas’ Commerce and Complex Litigation Center.
Chelsea Pittek and Jonathan Pittek of Bethel Park first filed suit in the Allegheny County Court of Common Pleas on July 26 versus West Penn Allegheny Health System, Inc. (doing business as “The Western Pennsylvania Hospital”), of Pittsburgh.
“Plaintiff Chelsea Pittek, sought cancer treatment through defendant, West Penn Hospital, as a patient. The matters complained of herein occurred on or about Sept. 18, 2019. Plaintiff Chelsea Pittek, presented to defendant West Penn Hospital on or about Sept. 18, 2019, for a lymph node mapping procedure related to a cancer diagnosis,” the suit said.
“On Sept. 18, 2019, and for some time prior therefore, Guy Caley, who was at the time on employee of defendant, West Penn Hospital, and who was employed by defendant within the radiology department, performed the lymph node mapping procedure on plaintiff, at times with the assistance of another, unidentified employee of defendant, West Penn Hospital.”
The suit said on that day and more than one year beforehand, Caley was using hidden camera(s) in the procedure room and other portions of the hospital premises, where plaintiff was required to undress for her lymph node mapping procedure. Caley’s actions were discovered by local police three months later.
“On Dec. 17, 2019, police were called to West Penn Hospital after an employee discovered a camera in the unisex employee bathroom, which prompted an investigation by the Allegheny County detectives and led to criminal charges being filed against Caley, including charges for invasion of privacy and illegal use of wire or oral communications,” the suit stated.
“As part of the criminal investigation described above, Caley admitted to using at least one hidden camera to record individuals without their knowledge or consent in a unisex employee bathroom and another bathroom on the third floor of West Penn Hospital. Caley further admitted that he downloaded the video footage onto his personal computer. The police criminal investigation first identified multiple co-workers of Caley as the individuals shown in the bathroom videos.”
As the criminal investigation progressed, the criminal investigators, discovered other video footage that had been attempted to be deleted by Caley, but which was recovered from his computer’s hard drive.
The additional video footage showed an unknown number of patients (believed to be more than 50) of defendant, West Penn Hospital, undressing and undergoing medical procedures in an examination room of defendant’s facility.
“Through the investigative efforts of the Allegheny County detectives, plaintiff was identified as one of the victims of Caley, and was contacted by letter in July 2020 to inform her of the situation and to request that she contact the Allegheny County detectives,” the suit added.
“Plaintiff was subsequently interviewed by the Allegheny County detectives and asked to view multiple video recordings that were taken of her by Caley, without her knowledge, while she was undergoing the lymph node mapping procedure at defendant’s hospital.”
Pittek was requested to view multiple video recording segments of herself, from various angles during the course of procedure and identified herself from the video footage.
UPDATE
A consent motion to move the action to the Commerce and Complex Litigation Center was filed by defense counsel on Sept. 1.
“This is a civil action against West Penn in which plaintiffs are seeking to hold West Penn liable for certain actions allegedly committed by Mr. Guy Caley, a former West Penn employee, as described in plaintiffs’ complaint. Plaintiffs’ complaint purports to allege claims against West Penn for invasion of privacy, intentional infliction of emotional distress, negligence, and loss of consortium as a result of Mr. Caley’s conduct,” the motion stated.
“West Penn is seeking assignment to the Center because this civil action meets the criteria for complex litigation as prescribed by the procedures of the Commerce and Complex Litigation Center. Because plaintiffs’ claims arise from Mr. Caley’s conduct as a former employee of West Penn, and turn on West Penn’s asserted liability as Mr. Caley’s former employer, this case qualifies for assignment to the Center.”
Moreover, defense counsel stated that the Center has already accepted assignment of other civil actions in which various plaintiffs are also seeking to hold West Penn liable for the actions of Mr. Caley, individually and on behalf of a putative class of individuals.
“Assignment of this action to the Center will ensure that the same Judge rules upon preliminary objections in this action and the other Caley-related actions, all of which seek to hold West Penn liable for the actions of Mr. Caley on a vicarious liability theory, and two of which – like this one – fail to name Mr. Caley as a defendant,” the motion said.
“In addition, assignment to the Center will avoid multiple Allegheny County Court of Common Pleas judges ruling upon preliminary objections, which could result in conflicting rulings as to West Penn, and would also serve to avoid the unnecessary expenditure of judicial resources. Plaintiffs’ counsel indicated that plaintiffs consent to assignment of this case to the Center.”
For counts of invasion of privacy (intrusion upon seclusion), intentional infliction of emotional distress, negligence and loss of consortium, the plaintiffs are seeking damages in excess of the arbitration limit, plus costs and any other relief that this Honorable Court deems just under the circumstances.
The plaintiffs are represented by Erin K. Rudert of Ainsman Levine, in Pittsburgh.
The defendant is represented by Douglas E. Cameron, Traci S. Rea, James L. Rockney and Brian J. Willett of Reed Smith, also in Pittsburgh.
Allegheny County Court of Common Pleas case GD-21-008582
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com