Startup pushes back against Epic's motion to dismiss lawsuit

On Jan. 9, startup Particle Health responded to Epic Systems' motion to dismiss its lawsuit, accusing the EHR giant of monopolistic practices aimed at eliminating competition in the payer platform market.

The lawsuit, originally filed on Sept. 23, is being heard in the U.S. District Court for the Southern District of New York.

Here are five key points from Particle Health's response:

  1. Epic's market power: Particle alleges that Epic, which dominates the U.S. EHR market, uses its influence to control the payer platform market.

  2. Blocking competitor access: According to Particle, Epic denied its customers access to Epic's EHRs unless they stopped working with Particle, forcing some organizations to abandon the startup.

  3. Delays for new customers: Particle claims Epic created unnecessary delays in approving new customers, making it harder for healthcare organizations to partner with the company.

  4. Carequality dispute: Epic allegedly initiated a dispute through the Carequality interoperability framework, accusing Particle of improper data access. However, Particle highlights that Carequality's investigation found it compliant with HIPAA and industry rules. Epic's public statements about privacy risks have also damaged Particle's reputation, the company says.

  5. System overload tactics: Epic is accused of flooding Particle's systems with excessive inquiries, which drained resources and disrupted operations, according to the company.

Particle Health's filing comes in response to Epic's motion to dismiss the lawsuit. 

"Particle's claims are inconsistent with reality. Epic and its healthcare organization customers will not stand by and allow patient health data to be misused under the guise of patient treatment," an Epic spokesperson told Becker's. "Epic will continue to protect patient privacy and vigorously defend itself against Particle's meritless claims."

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