Arizona court says Costco can be sued over ED drug disclosure
Recent Cases
The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.
The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.
Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.
The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.
“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”
The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.
Related listings
-
High court won’t referee dispute over Michael Jordan images
Recent Cases 03/26/2019The Supreme Court said Monday it won’t step in to referee a copyright dispute between Nike and a photographer who took a well-known image of basketball great Michael Jordan. That means lower court rulings for the athletic apparel maker will sta...
-
Russian court sends Jehovah’s Witness to prison for 6 years
Recent Cases 02/06/2019A regional court in western Russia on Wednesday sentenced a Danish Jehovah’s Witness to six years in prison, in arguably the most severe crackdown on religious freedom in Russia in recent years.The court in Oryol found Dennis Christensen guilty...
-
High court upholds texting suicide manslaughter conviction
Recent Cases 02/04/2019The involuntary manslaughter conviction of a young woman who encouraged her boyfriend through dozens of text messages to kill himself was upheld Wednesday by Massachusetts' highest court.The Supreme Judicial Court agreed with a lower court judge who ...
Nicholas C. Minshew - Minshew & Ahluwalia LLP
Nicholas C. Minshew, Attorney at Law, concentrates his practice in the area of Family Law including divorce, separation, child support, child custody, alimony, division of property, separation agreements, domestic violence, prenuptial agreements, and child support enforcement & modification. Mr. Minshew provides legal services to clients in Washington, D.C., and throughout Maryland, including Montgomery County, Frederick County, and Prince George’s County. Mr. Minshew obtained his Juris Doctorate degree from the American University, Washington College of Law in 2000, where he worked as an editor for the Administrative Law Review. After receiving his law degree, Mr. Minshew worked as an attorney for the global law firm of Morgan, Lewis & Bockius LLP, and for Leonard Street & Deinard LLP representing companies in Federal proceedings. During that time, Mr. Minshew redirected his focus to provide legal services directly to individuals and families.