A suit alleging hospitals overcharged patients for copies of their medical records may have been improperly certified as a class action, the West Virginia Supreme Court ruled June 5.

“It may be, as the hospitals contend, that the statute demands that ‘all reasonable expenses incurred’ be determined on a per-request basis,” Judge Tim Armstead wrote.

The state top court court sent the case back to the trial court for another look at whether enough common questions exist for class certification.

Christopher Thomack and Joseph Michael Jenkins sued West Virginia University Hospitals Inc. and West Virginia United Health System Inc. for...