Epic Systems Moves to Block Consolidation of Fraud Case with Health Gorilla Data Breach Litigation Epic Systems has filed a motion to prevent the consolidation of its fraud lawsuit against Health Gorilla with ongoing data breach litigation, arguing that the cases lack sufficient overlap to justify multidistrict litigation (MDL). The dispute centers on three key points: 1. Judicial Precedent – Epic cites a prior ruling by Judge Olguin, who declined to relate the fraud case to another Epic-linked lawsuit (Patterson v. UVA Health), asserting that the two cases do not involve substantially similar legal or factual questions. Epic urges the Judicial Panel on Multidistrict Litigation (JPML) to treat this as binding precedent. 2. Limited Overlap – While Health Gorilla and the JPML identified three common questions between the cases, Epic contends these are neither numerous nor complex enough to warrant consolidation. The fraud case hinges on alleged false treatment attestations and contract breaches, whereas the breach litigation focuses on security failures, notification delays, and patient data access. 3. Logistical Burden – Consolidation would disrupt an already advanced fraud case, which has a trial scheduled for January 2028, while the breach cases remain in early stages. Epic also notes that 17 of 21 parties in the fraud action are not involved in the breach litigation, making coordination inefficient. The motion includes previously undisclosed discovery records from Epic v. Health Gorilla, revealing Epic’s strategy of using smaller defendants to build evidence against Health Gorilla and Unit 387. The JPML will now decide whether to proceed with consolidation or keep the cases separate.