Understanding patient rights and legal issues in medical record access.

Do patients have rights to access their medical records?  What are those rights?  How do we protect them?  Can they bring State actions when those rights are violated? How much will it cost us to access our client’s records?  Is a film a record?  These and many other questions will be addressed by Hadley Lundback and Jonathan Lomurro.  They will walk you through case law, state law, and federal law.  After the discussion, they will be available to answer any remaining questions about record retrieval.

The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Partner at Faraci Lange, LLP
Hadley E. Lundback litigates cases involving medical device and pharmaceutical liability, consumer protection, toxic torts, medical malpractice, and catastrophic personal injury. She has extensive experience handling complex litigation, including serving in court-appointed leadership positions in multi-district litigation (MDL) in federal court and multi-county litigation (MCL) in New Jersey. Hadley oversees the firm’s defective drug and medical device and consumer protection practices. Since joining Faraci Lange in 2010, Hadley has handled all types of cases. She is Co-Lead counsel in the Excellus Data Breach class action litigation and serves on the Plaintiffs’ Steering Committee in the Bard IVC Filter MDL. Most recently, Hadley was appointed to represent plaintiffs as Co-Lead Interim Class Counsel in the Hoosick Falls water-contamination lawsuit. Hadley and Faraci Lange, LLP have been appointed as Liaison Counsel in a shareholder derivative suit filed against Eastman Kodak Company here in the Western District of New York. Hadley was recently appointed to the Plaintiff Steering Committee in the Exactech Polyethylene Orthopedic Products Liability Litigation MDL (MDL 3044) and is the Chair of the Science Committee. Hadley has litigated claims related to metal-on-metal hip implants, including DePuy ASR, DePuy Pinnacle, Biomet M2a Magnum, and Stryker Rejuvenate/ABG II. Hadley had the lead trial case in the DePuy ASR MDL in which a global settlement was announced in the fall of 2013 and was appointed by the court to the Plaintiffs’ Steering Committee in the Biomet hip implant MDL pending in a federal court in Indiana and to the Science Committee in the Stryker Rejuvenate/ABGII hip implant MCL pending in state court in New Jersey. She is also investigating and litigating claims related to several other medical devices and pharmaceutical drugs. Hadley has also settled claims related to the ingestion of Yaz/Yasmin/Ocella. Hadley is also actively involved in litigation involving serious injuries caused by internal surgical staplers. Hadley was awarded The Daily Record’s Up & Coming Attorney Award in 2011, The Daily Record’s Top Women in Law in 2014, and the 2014 President’s award by the New York State Academy of Trial Lawyers. She was listed as an Upstate New York Rising Star from 2013-2015 and has been selected as an Upstate New York Super Lawyer from 2016-2022. In 2019, she was chosen to their prestigious Top 25 Women Upstate New York List. Hadley has also been listed in Best Lawyers from 2018-2023. She was named Best Lawyers’ Lawyer of the Year for Product Liability litigation in their 2020 edition and for Medical Malpractice in the 2019 edition. Hadley was named 2023 Lawyer of the Year in Rochester in the areas of Product Liability and Medical Malpractice. Hadley was named Best Lawyers 2025 Lawyer of the Year in the categories of medical malpractice law and product liability litigation. Hadley has been appointed to the Board of Public Justice, as well as to the Board of Directors of the Finger Lakes Land Trust. She also served as the Chair of the American Association for Justice’s Consumer Privacy/Data Breach Litigation Group. She is a member of the Greater Rochester Association for Women Attorneys, Women En Mass, and is a past president and member of the New York State Academy of Trial Lawyers‘ Board. Prior to joining Faraci Lange in 2010, Hadley practiced for four years as an associate in the Environmental Toxic Tort Unit of Weitz & Luxenberg, P.C. in New York City. At Weitz & Luxenberg, she represented individuals and businesses harmed by environmental toxins. Hadley was the lead attorney for the plaintiffs in Franco, et al. v. Coronet Industries, Inc. where she obtained a settlement for more than 1,000 individuals in Plant City, Florida harmed by heavy metals in their drinking water and air. She also represented the County of Suffolk in the lead case in the MTBE MDL as well as several Connecticut companies, a Connecticut water provider, and a town in Connecticut, which resulted in a settlement. Hadley graduated from Rutgers School of Law Newark where she was the co-chair of the Public Interest Law Foundation and a Legal Services of New Jersey Fellow. While interning at Legal Services of New Jersey during law school, she co-founded the Prisoner Re-entry Project, which removed civil legal barriers to successful re-entry of incarcerated individuals into society. In her free time, Hadley likes to explore Rochester and the Finger Lakes region with her two kids and enjoys all kinds of outdoor activities.

Founding member and Trustee of Lomurro Munson LLC Charitable Fund
Jonathan H. Lomurro is an expert certified civil trial attorney. He is a specialist in medical malpractice and personal injury cases. After completing law school, he continued his focus on the craft of litigation by earning his LL.M. as a Master of Law in Trial Advocacy. Jonathan has authored three books on Legal Practice: New Jersey Medical Malpractice Law, Litigation Technology for the Modern Practitioner and Try It. He frequently publishes in peer reviewed journals and magazines. Additionally, Mr. Lomurro is an extensive lecturer in the field of Medical Malpractice, Trial Techniques and Technology in the Courtroom. He has lectured across the United States of America on Medical Malpractice, Patient Rights to Access, Audit Trails, and Electronic Medical Records. Mr. Lomurro additionally acts as an expert witness in cases involving audit trails, audit logs, access logs, and electronic medical records. He has been involved in numerous cases before the New Jersey Supreme Court. Jonathan currently is appointed as the Chair of the Medical Malpractice Committee of the New Jersey State Bar Association. He is on the Executive Committee of the New Jersey Association for Justice. And he is the vice-chair of the New Jersey State Bar Association Civil Trial Section. Mr. Lomurro has served as Trustee to the New Jersey State Bar Association and as New Jersey’s representative to the American Bar Association House of Delegates. He is a past Chair to the New Jersey State Bar Association YLD. He is currently the president of the Haydn Proctor Inns of Court. Mr. Lomurro is a founding member and trustee of Lomurro Munson LLC Charitable Fund.