Although HIPAA does not create a private cause of action, a
recent Indiana Superior Court jury verdict demonstrates that HIPAA
still could play an important role in private causes of action in
state court based on negligence and professional liability as it
relates to confidentiality. On July 26, 2013, a jury in Marion
County, Indiana, awarded $1.44 million to a Walgreens customer
based on allegations that the customer's pharmacist accessed,
reviewed and shared the customer's prescription history with
others who then used the information to intimidate and harass the
customer. At the heart of the case was a tangled love triangle in
which the pharmacist's husband had fathered a child with a
customer. Upon learning of the relationship, the pharmacist
allegedly accessed the customer's prescription information and
shared it with her husband, who used the information to intimidate
the customer when she demanded child support payments.
The customer filed suit against both the pharmacist and Walgreens in Indiana Superior Court, claiming that both parties had breached their statutory and common law duties of confidentiality and privacy. The complaint also included claims of negligence, invasion of privacy and publication of private facts against the pharmacist and claims of negligent training, supervision and retention against Walgreens for continuing to employ the pharmacist after discovering the incident. The court granted Walgreens' motion for summary judgment on the negligent training claim.
The customer filed suit against both the pharmacist and Walgreens in Indiana Superior Court, claiming that both parties had breached their statutory and common law duties of confidentiality and privacy. The complaint also included claims of negligence, invasion of privacy and publication of private facts against the pharmacist and claims of negligent training, supervision and retention against Walgreens for continuing to employ the pharmacist after discovering the incident. The court granted Walgreens' motion for summary judgment on the negligent training claim.