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HIPAA Complaint Seeks Class Action Status

A complaint filed in the Superior Court of California on March 14, 2014, requested certification as a class action and sought a wide variety of damages arising from a breach of personal information. Doe vs. Sutherland Health...more

Data Breach Class Settlement Approved After Eleventh Circuit Held Identity Theft Following Breach Presents Cognizable Injury

Recently, the U.S. District Court for the Southern District of Florida approved a class settlement in a case in which the plaintiffs claimed financial harm from a health care company’s failure to protect their personal...more

Health Law Insights Newsletter

The Centers for Medicare & Medicaid Services (CMS) has extended the deadline for compliance with the two-midnight rule through September 30, 2014. The rule provides that if an inpatient stay crosses two midnights, the...more

No Harm, Still Foul? Florida Court Approves Data-Breach Class Action Settlement

Data-breach class action suits may have just gained significant traction. On Feb. 28, 2014, the U.S. District Court for the Southern District of Florida approved a first of its kind class action data breach settlement that...more

Take 5 Newsletter: 5 Employment Law Considerations in "The Cloud"

What is "the cloud," and what on Earth (pun intended) does cloud computing have to do with employment law? While many definitions abound, cloud computing at its core is a form of remote electronic data storage,...more

Allowing Ontario’s Privacy Tort To Develop In The Health Information Sphere — For Now

In the 1980’s the Supreme Court of Canada pre-emptively ended the development of a common law tort of discrimination. The case, Seneca College v. Bhadauria, stands out as one of the lost opportunities in the development of...more

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a...more

Disclosure v. Blocking Statutes

The recent decision in Secretary of State for Health and others v Servier Laboratories Ltd and others;; National Grid Electricity Transmission plc v ABB Ltd and others [2013] EWCA Civ 1234, concerned an appeal by two...more

Calif. Case Limits Health Care Data Breach Claims

The California Court of Appeal recently limited plaintiffs’ ability to state a claim under the California Medical Information Act (CMIA), Cal. Civ. Code §§ 56 et seq., and their ability to get statutory damages under the act....more

Recent California Decision Upholds Data Breach Coverage

The U.S. District Court for the Central District of California recently upheld coverage under a commercial general liability policy for a hospital data breach that compromised the confidential medical records of nearly 20,000...more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

A Federal Court Holds HIPAA Preempts A Florida Medical Malpractice Pre-Suit Requirement

Judge Hinkle, of the U.S. District Court for the Northern District of Florida, recently held that one of Florida’s pre-suit requirements for pursuing a medical negligence claim under Florida law is contrary to federal law and...more

Court Overturns Presuit Patient Authorization Requirement Under Florida Medical Malpractice Statute

On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more

No Harm, No Foul: Court of Appeal lets UCLA off the hook for $16 million in lost medical data case

A computer hard drive containing private medical information for 16,000 patients at UCLA was stolen. One of the patients filed a class action lawsuit seeking $1,000 per patient ($16 million total) in statutory damages against...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

Court of Appeal Upholds Ordinance Regulating Medical Marijuana

A trial court enjoined enforcement of a City of Los Angeles ordinance that regulates the number and geographic distribution of medical marijuana collectives. The court of appeal reversed the trial court’s order finding that...more

California Court Finds Advertising Injury Coverage is Triggered by Medical Information Data Breach

On October 7, 2013, a federal district court in California held that the Advertising Injury coverage in a comprehensive general liability policy issued by Hartford Casualty Insurance Company (Hartford) covered two class...more

Florida's New Med-Mal Law Is Pre-Empted By HIPAA And Is Voided By Federal Judge

A new part of Florida's medical malpractice law has been voided by a federal judge on the grounds that it is pre-empted by HIPAA. The law, passed during the 2013 legislative session and effective only on July 1 2013,...more

Privacy Monday – September 9, 2013 — NIST Draft Cybersecurity Framework

This Privacy Monday, there are a few important items of note, rather than the usual “bits and bytes”. NIST RELEASES DISCUSSION DRAFT OF CYBERSECURITY FRAMEWORK - After several months of work, the National...more

SuperVision Today - 3rd Quarter 2013

Notes from the Chair & Executive Editor - Welcome to the third-quarter edition of SuperVision Today, Spilman Thomas & Battle's labor and employment e-newsletter. We are very excited about the recently launched Spilman...more

HIPAA Violation Results in $1.44 Million Jury Verdict Against Walgreens, Pharmacist

Although HIPAA does not create a private cause of action, a recent Indiana Superior Court jury verdict indicates that HIPAA could still play an important role in private causes of action in state court based on negligence and...more

Attorneys Statewide Join Forces to Fight for Patient Privacy

On July 2, Five separate complaints hit the courts alleging HIPPA violations and challenging the constitutionality of Florida Senate Bill 1792 - TALLAHASSEE, FL—Attorneys from around the state joined together to file...more

Doe v. Dulay

Complaint For Declaratory And Injunctive Relief

On June 5, 2013, Florida Governor Rick Scott signed into law Senate Bill 1792, which allows for “ex parte communications” in medical negligence cases. Ex parte communications are private conversations about a patient’s...more

Under HIPAA, You Have the Right to Remain Silent

Last week a regional California medical center entered a $275,000 settlement for disclosing patient information to the media, spotlighting HIPAA’s tight reign over covered health providers even when they try to defend their...more

Michigan Court Extends Physician-Patient Privilege To Apply To Any Entity That Obtains Protected Medical Information From A Doctor

On March 12, 2013, the Michigan Court of Appeals in Meier v. Awaad, No. 310808, held that the Michigan Department of Community Health (“MDCH”) could utilize the state’s physician-patient privilege to protect against...more

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