Wednesday, June 25, 2014

WV: Actual Damages Not Necessary for Privacy Breach Class Action

The West Virginia Supreme Court determined that a violation of the patient's right to privacy alone was enough to bring a class action suit; the plaintiffs need not prove actual damages.

The court decided a case that on behalf of thousands of patients requesting class certification to sue a medical center for breaching their privacy rights.

"The dreaded PHI data breach is every covered entity's bad dream, but the West Virginia Supreme Court just turned that bad dream into a nightmare."
- Michael Coco, attorney, Fox Rothschild
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(a) United States: PHI Data Breaches Just Went From Bad Dream To Nightmare In West Virginia -, 06/13/2014

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