Hayberg v. Robinson Mem. Hosp. Found., 2013 Ohio 2828

Hayberg sues Robinson Memorial Hospital Foundation in Portage County, challenging hospital billing practices and seeking various damages; final judgment affirmed on all claims.
Hospital previously billed Nationwide for full charges after Anthem paid discounted GM-plan charges; Nationwide later paid full amount and Anthem reimbursed partially.
There was a prior appeal (Hayberg v. Physicians Emergency Service, Inc.) reversing summary judgment on some claims and remanding for proceedings.
On remand, a second action was filed in 2010 alleging the same five claims (plus a contract claim and potential class-action certification issues).
The Supreme Court’s King v. ProMedica Health System decision (2011) affected the application of R.C. 1751.60(A), influencing the trial court’s disposition of the second action.
The Eleventh District ultimately affirmed summary judgment against Hayberg on all six claims, applying King and rejecting the extrinsic theories in light of that decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether King v. ProMedica controls the law-of-the-case analysis in Hayberg.	Hayberg argues the prior Hayberg decision remains binding under law-of-the-case.	King supersedes the prior ruling, so the trial court was not bound by the earlier holding.	Yes; King controls, overriding the prior law-of-the-case ruling.
Whether the discovery requests were properly denied as privileged under HIPAA.	Hayberg sought information about other patients; argues not privileged.	Requests were privileged or irrelevant given King/overall claims.	No reversible error; discovery denial affirmed.

King v. ProMedica Health System, Inc., 129 Ohio St.3d 596 (2011) (statute applies only to provider-health insurer contract; not to automobile insurer in this context)
Hayberg v. Physicians Emergency Service, Inc., 2008-Ohio-6180 (11th Dist. 2008) (reversed summary judgment; remanded on R.C. 1751.60(A) issue; law-of-the-case topic)