WEST VIRGINIA RECORD

WINFIELD -- A medical practice and its owner are suing Alpha Technologies for negligence after they came it unlawfully concealed and withheld backups from the computer system.

Thomas Maddox, an engineer or technician employed by Alpha, was also named as a defendant in the suit.

Harvey Family Medicine and its owner, Dr. Hyla Harvey, contacted the defendants about establishing and developing their medical practice and the utilization of the eClinicalWorks electronic medical records system, according to a complaint filed May 12 in Putnam Circuit Court.

The plaintiffs claim they provided their eClinicalWorks license and all other requested information to Alpha so it could provide compatible hardware and services to ensure the efficient and reliable operation, monitoring and maintenance of the practice's network, computer and electronic medical records system.

Alpha assured Harvey Family Medicine and Harvey that it was familiar with the eClinicalWorks platform and that existing clients utilized the platform, according to the suit.

Harvey claims the defendants actually had limited or no prior professional experience with the program, nor did it have existing clients using the platform.

"Alpha duped Harvey Medicine and Dr. Harvey and they relied on Alpha's representations in agreeing to engage with Alpha," according to the suit. "Alpha used Dr. Harvey's name in promotional materials or proposals to secure lucrative contracts with the State of West Virginia that have resulted in payments of over $1.8 million from the State to Alpha."

Harvey claims Alpha was required to perform appropriate backups of the eClinicalWorks system and files and that it unlawfully concealed and withheld the backups or corrupted or spoliated the backups.

The plaintiffs claim Alpha and Maddox failed to perform services in a reasonable manner and with due care.

Harvey and Harvey Family Medicine are seeking compensatory and punitive damages. They are being represented by Michael J. Folio and Scott L. Summers.

The case has been assigned to Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 10-C-171