Putative class claims hospital videoed women without consent

A proposed class action accuses Sharp Grossmont Hospital in San Diego of using hidden cameras in operating rooms of its Women's Health Center, where more than 1,800 women are believed to have been recorded without their consent or knowledge during C-section births, miscarriages, hysterectomies and other medical procedures.

Sharp Grossmont Hospital and its agents breached its patients' rights to privacy as motion sensor cameras recorded patients "in their most vulnerable state, under anesthesia, exposed and undergoing medical procedures," the complaint states. Amber Snodgrass v. Sharp Healthcare and Sharp Grossmont Hospital, 3:19-CV-00702 (S.D. Cal., filed April 17, 2019).

Kevin K. Green of San Diego-based law firm Hagens Berman Sobol Shapiro LLP is representing the class.

Hagens Berman also represents a class of women suing Harvey Weinstein over alleged sexual assault, and the firm negotiated a pending settlement on behalf of female students and alumnae of the USC who were sexually harassed and abused at the Student Health Center by its former gynecologist Dr. George Tyndall.

Sharp Grossmont hospital cameras, which recorded 24 hours a day, seven days a week, were installed in July 2012 to "catch a suspected doctor stealing drugs from the operating rooms," the complaint states. The cameras were disconnected in June 2013.

More than 1,800 women are believed to have been captured in more than 6,966 video clips, according to the complaint. The existence of the recordings came to light when the Medical Board of California began an investigation of the suspected doctor in 2015. The doctor subpoenaed Sharp Grossmont for all of its exculpatory evidence, which Sharp moved to quash, arguing disclosure of the secret footage infringed upon the privacy rights of patients.

In a statement, hospital President and CEO Chris Howard noted: "We were able to identify the individual who we believed was improperly removing drugs."

"The surveillance methods for the 2012-13 investigation were used for that particular case only and have not been used again<" he said "The videos in our possession are kept in a secured safe in our security department. Our primary concern has been and will continue to be ensuring patient safety and quality of care. ... We sincerely apologize that our efforts may have caused any distress to the women who were recorded, their families and others we serve."