Shannen Doherty lost a round in court today when a judge declined to take punitive actions against her former business management firm over allegedly deceptive phone calls used to seek medical information about the actress.
The 44-year-old former “Beverly Hills, 90210” co-star sued Tanner, Mainstain, Glynn & Johnson and Steven Blatt last August, alleging they failed to pay her medical insurance premiums. Doherty says she was diagnosed with breast cancer and that it metastasized while she was not insured and therefore unable to regularly see a doctor.
Blatt allegedly worked on Doherty’s account, but did not make either of the phone calls at issue.
Los Angeles Superior Court Judge Randolph Hammock denied a motion by Doherty’s attorneys to either set in motion a possible default judgment against Tanner Mainstain, or bar the firm from using the Doherty medical information during trial.
The judge said Tanner Mainstain did not get anything more from the phone calls than they did when they later obtained the medical records through proper channels.
“I can understand the plaintiff was outraged by these defendants,” Hammock said. “But as offensive and probably illegal as it was, the records are the records and they would have gotten these records if they had done this or not.”
The judge said that instead of today’s motions, Doherty’s attorneys may want to consider another motion to add a claim addressing the alleged actions of the two Tanner Mainstain employees that made the calls.
“It’s not like you don’t have any other avenues,” Hammock said.
Attorney Devin McRae, on behalf of Doherty, said he will probably consider adding a new allegation to the complaint as the judge suggested.
Doherty’s lawyers maintained that last July 8, a Tanner Mainstain employee called the Screen Actors Guild Health Plan, identifying herself as Doherty. Although Doherty had not yet filed her lawsuit when the call was made, the actress’ legal team had engaged Tanner Mainstain in mediation and had given a draft copy to the defendants, according to her lawyers.
“I’m wondering if you can help me, and I know this might sound a little stupid,” the employee allegedly said. “I need to know where my billing statement was mailed on January of 2014 if that’s possible.”
Asked her name, the Tanner Mainstain employee allegedly replied that she was Doherty. The caller was denied the information, according to Doherty’s attorneys.
Later that day, the SAG Health Plan received another call from a second Tanner Mainstain employee who represented herself as Doherty’s business manager even though the actress was no longer a client of the firm, Doherty’s attorneys allege. Her lawyers say the caller obtained some limited private information, but that the extent is not fully known.
In his ruling, Hammock said he took note that the Tanner Mainstain calls were made before Doherty sued the firm and therefore did not take place during the course of litigation.
The Tanner Mainstain employee who made the first call to Doherty’s health plan refused to testify about anything having to do with the insurance claim on grounds it could incriminate her, according to McRae, who added that the lack of information from the employee is prejudicial to Doherty’s case.
