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Damages › Protected Health Information

Stikeman Elliott LLP

Ontario Divisional Court Overturns Certification of Intrusion Upon Seclusion Claim in Data Breach Class Action

Stikeman Elliott LLP on

In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 2. Privacy Briefs: February 2020

Health Care Compliance Association (HCCA) on

Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more

Carlton Fields

Protections Governing Theft and Publication of Medical Records

Carlton Fields on

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

Pillsbury Winthrop Shaw Pittman LLP

No Harm, No Foul – Appellate Court Finds No CMIA Claim Without Actual Injury

Pillsbury Winthrop Shaw Pittman LLP on

California’s Confidentiality of Medical Information Act, Cal. Civ. Code § 56 et seq. (“CMIA”), provides that an individual may recover $1,000 nominal damages (plus actual damages if any) based on the negligent release of...more

Manatt, Phelps & Phillips, LLP

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

Manatt, Phelps & Phillips, LLP on

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

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