Los Angeles, CA – Checks for $1,821.58 were mailed late last week to hundreds of Californians whose confidential medical information—including their HIV status—was allegedly accessed and shared without their consent. The payment is part of the settlement of a class-action lawsuit brought on behalf of a “John Doe” plaintiff by lawyers for the non-profit Consumer Watchdog and Whatley Kallas, LLP.
The payment is one of the largest of its kind in history. Class members did not need to file a claim to receive the settlement payment.
As alleged in the lawsuit, an employee of an organization contracted with the state of California illegally disclosed personal medical information to several health-related organizations. The lawsuit named the California Department of Public Health (“CDPH”), a former CDPH contractor—The Thrive Tribe Foundation (“Thrive Tribe”)—Evolve Healthcare, Gary “Julian” Goldstein, and Premier Pharmacy as defendants.
According to the lawsuit, Premier Pharmacy directed its agents Mr. Goldstein and Evolve Healthcare to acquire the personal data from the Los Angeles-based Thrive Tribe in order to increase its profits. Defendants dispute that they have done anything wrong.
In addition to the payment, class members will have the opportunity to have their data segregated and deleted by certain defendants under the settlement agreement. Notices providing that opportunity will be mailed in early 2024.
Download the amended complaint here.
Visit the settlement website with links to relevant documents here.
“We’re happy to announce that class members will receive these settlement payments in time for the holidays,” said Jerry Flanagan, Litigation Director for Consumer Watchdog and one of the Co-Lead Class Counsel in the lawsuit along with lawyers for Whatley Kallas, LLP. “Compensating victims of data theft serves a dual role of deterring illegal activity by others in the future.”
According to CDPH, 460 individuals who provided their personal and medical information to Thrive Tribe for purposes of enrolling in two state programs were affected by the unauthorized sharing of their personal information in violation of state law.
CDPH is responsible for coordinating services for approximately 30,000 Californians enrolled in the AIDS Drug Assistance Program and the Office of AIDS’s Health Insurance Premium Payment program, which provide financial assistance to HIV positive individuals for medication and insurance coverage.
The personal and medical information allegedly released in the breach included, names, dates of birth, personal phone numbers and email addresses, HIV statuses, and other medical conditions.
According to the lawsuit, not only are victims of the privacy breach at risk of identity theft, but recent medical studies “demonstrate that even if people living with HIV, or at risk of contracting HIV, do not know . . . who may have been made aware of their health status, acts such as the conduct alleged herein increase stress and anxiety due to the very real risks of the loss of housing, relationships, and employment. . . . ‘HIV stigma and discrimination can pose complex barriers to prevention, testing, treatment, and support for people living with or at risk for HIV.’”
Many patients with HIV or AIDS do not disclose their diagnosis to employers, co-workers, or neighbors, or even family and friends, due to the social stigma that continues to be associated with the disease.
The case is John Doe v. California Department of Public Health, et al., Case No. 20STCV32364, presided over by Lawrence P. Riff in Dept. 7 of the Spring Street Courthouse in Downtown Los Angeles.
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Consumer Watchdog is a nonpartisan consumer advocacy organization. Visit us on the web at: http://www.ConsumerWatchdog.org
The lawyers of Whatley Kallas, LLP have been repeatedly recognized in legal publications, such as The National Law Journal and American Lawyer, by their peers and by leaders of organized medicine for their work in the healthcare field. For more information, go to: http://www.whatleykallas.com/
