The Indiana Business Journal reports on a privacy case (Hinchy v. Walgreen Co., et al.) concerning a Walgreens pharmacy and a customer’s private medical information. (We’ve discussed misuse or abuse of access privileges by insiders before.) IBJ reports:
A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the Indianapolis lawyer who argued the case.
â€œThis is the first published court decision in the nation in which a health care provider has been held liable for HIPAA (Health Insurance Portability and Accountability Act) violations committed by its employees,â€ plaintiffs attorney Neal Eggeson said of the decision.
According to court records, Abigail Hinchyâ€™s prescription history was provided to her ex-boyfriend Davion Peterson, who had become involved in a relationship with Walgreen pharmacist Audra Winters. Winters denied disclosing Hinchyâ€™s records to anyone but admitted she had accessed Hinchyâ€™s records. […]
In a 23-page opinion, Judge John Baker wrote for the panel that Withers â€œbreached one of her most sacred duties by viewing the prescription records of a customer and divulging the information she learned from those records to the clientâ€™s ex-boyfriend. â€¦ We are loath to disturb jury verdicts and decline to do so in this case.â€