The named plaintiffs in the action are Monmouth County, New Jersey, residents Michael Castro, who was stabbed, and Julio Costa, whose hand was severed in an accident. They were filmed in July 2001 for "Trauma: Life in the ER." Allegedly, Jersey Shore Medical Center and New York Times Television crewmembers working for the television show lied to the patients that the filming was to be used only for doctor training. The action alleges that the TV show has grossed hundreds of millions of dollars this way by exploiting emergency room hospital patients who are typically vulnerable and who are paid nothing for being subjected to intrusions into their private, intimate affairs.

Mr. Castro was allegedly approached by someone in medical scrubs trying to pass himself off as a medical professional, and tried to get Castro to sign an appearance consent and release. He asked that he not be filmed, but five days later after repeated requests and assertions that the film would be used only for training purposes, he signed the form. He also told the companies he didn't want certain private details aired. A year and a half later, a work colleague allegedly approached him and said, "I heard your wife tried to kill you." "Unbeknownst to Mr. Castro the show had just aired on national television. Other plaintiffs allegedly had similar experiences, including one identified as Jane Doe whose AIDS treatment was featured on one of the installments.

The unauthorized release of patient information has recently been an issue of growing concern nationally. Even before recent revisions strengthening the privacy provisions of the federal Health Insurance Portability and Accountability Act of 1996, patient bills of rights in many states required great care before unauthorized release of patient information. The issue of valid consent prior to filming would seem to fit snugly into this niche.