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Epic asks court to dismiss Particle Health antitrust lawsuit

Epic has requested dismissal of Particle Health's antitrust lawsuit, noting multiple legal deficiencies and asserting it distracts from Particle's customer data misuse.

EHR vendor Epic Systems has asked a federal court to dismiss the antitrust lawsuit that health data company Particle Health brought against it last month.

Particle Health's lawsuit alleges that Epic is using its monopoly power over EHRs to bar Particle from the emerging payer platform industry.

The lawsuit came after Epic filed a dispute through the Carequality interoperability network in March 2024, alleging Particle customers had used the network to access EHR data under false pretenses.

Carequality released the resolution, which both Epic and Particle Health accepted, on Oct. 3, 2024.

"This lawsuit is Particle's attempt to distract from the public reckoning stemming from Particle's customers violating patient privacy by improperly accessing patient records for non-treatment purposes, such as when Particle knowingly enabled access to patient data for a company that sells medical records analysis for class action lawsuits," an Epic representative wrote in a letter to the federal court.

The letter indicated that Particle's lawsuit includes the following legal flaws:

  • Failure to plead a relevant product market.
  • Failure to plead anticompetitive conduct.
  • Failure to plead a conspiracy.
  • Failure to plead antitrust standing.
  • Failure to plead state law claims.

Hannah Nelson has been covering news related to health information technology and health data interoperability since 2020.

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