Missouri patients who used mercy.net, the MyMercy app or Mercy’s online patient portal may be covered by a proposed class action alleging Mercy Health let third-party tracking tools send their health searches and page views to outside companies without consent. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Mercy Health and Mercy Hospitals East Communities have not been found liable and deny the allegations, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A patient proceeding under the pseudonym Jane Doe filed a proposed class action petition against Mercy Health and Mercy Hospitals East Communities on August 31, 2026 in the Circuit Court for the City of St. Louis (No. 2622-CC13392). The state court allowed the plaintiff to proceed anonymously. On October 14, 2026, Mercy removed the case to the U.S. District Court for the Eastern District of Missouri, where it is now Doe v. Mercy Health, No. 4:26-cv-01721.The petition itself is not on the public federal docket, so the description below comes from Mercy’s notice of removal, which summarizes and quotes it. Mercy denies all of the allegations, and none has been proven.
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What Does the Lawsuit Allege?
According to the removal notice, the plaintiff alleges that Mercy used third-party tracking technologies on its website, mercy.net, on the MyMercy mobile app and on its online patient portal. The petition says these tools caused a patient’s device to send third parties information about the patient’s activity, including page views, search terms, and the buttons and links the patient clicked, along with persistent identifiers.The petition alleges the tools transmitted both identifiers capable of identifying the patient and the contents of the patient’s communications, including which health-related screens the patient viewed and the search queries the patient entered. It says this happened without patients’ knowledge or consent. The removal notice does not say which third parties or which specific tracking tools the petition names.
The Claims
The petition pleads five counts, according to Mercy’s summary:- Violation of the Missouri Wiretap Act, Mo. Rev. Stat. §§ 542.402 and 542.418
- Invasion of privacy by intrusion upon seclusion
- Breach of the fiduciary duty of confidentiality
- Breach of implied contract
- Unjust enrichment
Why Mercy Moved the Case to Federal Court
Mercy removed the case on federal question grounds. Its notice argues that although Count I is labeled a Missouri Wiretap Act claim, it quotes language about “wire, oral, or electronic” communications that appears in the federal Wiretap Act, 18 U.S.C. § 2510 and following, and not in the Missouri statute, which Mercy says gives a private right of action only for wire communications. On that reading, Mercy argues, the claim arises under federal law, and the federal court can hear the four Missouri common-law claims alongside it.The removal notice acknowledges that the petition elsewhere says it is not bringing a federal Wiretap Act claim. A plaintiff who wants to stay in state court can ask the federal judge to remand the case, and whether the case stays in federal court is likely to be the first contested question.
Who Is in the Proposed Class?
As quoted in the removal notice, the petition proposes a class of all citizens of Missouri who, from five years before the petition was filed through the date of judgment, used mercy.net, the MyMercy app or Mercy’s online patient portal to search for, schedule or obtain healthcare, or to communicate about their own or another person’s health, and whose communications or personally identifiable information were sent to a third party by the tracking technologies described in the petition. The class is limited to Missouri citizens. No class has been certified.What Happens Next?
Mercy will respond to the petition in federal court, and the plaintiff may move to remand the case to the St. Louis City court. Hospital tracking-technology cases like this one often turn on early motions over whether the data shared counts as the contents of a communication and whether patients consented through a website’s privacy terms. There is no settlement or claim form, and any money would come only through a later settlement or judgment with its own court-approved notice.Questions
Who is in the proposed Mercy Health tracking class?
According to Mercy’s notice of removal, the petition proposes a class of Missouri citizens who, from five years before the August 31, 2026 filing through judgment, used mercy.net, the MyMercy app or Mercy’s online patient portal to search for, schedule or obtain healthcare or to communicate about their own or another person’s health, and whose communications or identifying information were sent to a third party by the tracking technologies. No class has been certified.
What does the Mercy lawsuit say the tracking tools shared?
As Mercy’s removal notice summarizes the petition, the plaintiff alleges the tools sent third parties page views, search terms, buttons and links clicked, and persistent identifiers capable of identifying the patient, including which health-related screens a patient viewed and what the patient searched for, without the patient’s knowledge or consent. These are unproven allegations, and Mercy denies them.
Why was the Mercy case moved to federal court?
Mercy removed the case from St. Louis City Circuit Court to the U.S. District Court for the Eastern District of Missouri on October 14, 2026. Mercy argues that the petition’s Count I, labeled a Missouri Wiretap Act claim, actually relies on the language of the federal Wiretap Act, which would give the federal court jurisdiction. The plaintiff may ask the court to send the case back to state court.
Is there a Mercy Health settlement or claim form?
No. The case is at the pleading stage. There is no settlement, no fund and no claim form. Any money would come only through a later settlement or judgment, which would have its own court-approved notice.
Read Mercy’s Notice of Removal
Sources
- Notice of Removal, Doe v. Mercy Health, No. 4:26-cv-01721 (E.D. Mo. Oct. 14, 2026), ECF No. 1
- Docket via CourtListener (RECAP)
- Doe v. Mercy Health, No. 2622-CC13392 (Mo. Cir. Ct., City of St. Louis, filed Aug. 31, 2026), Class Action Petition, as summarized and quoted in the Notice of Removal
