From Indy Star News written by Tim Evans
A Marion County jury Friday awarded a woman $1.44 million after finding Walgreens and a pharmacist violated her privacy when the pharmacist looked up and shared the woman’s prescription history.
The lawsuit filed in Marion Superior Court spun out of a tangled relationship between the pharmacist, her husband and the man’s ex-girlfriend.
The verdict and seven-figure award came at the conclusion of a four-day jury trial.
Pharmacist Employee Illegally Accessing Confidential Information
The lawsuit alleged Audra Peterson, a pharmacist at the Walgreens store at 6269 W. 38th St., improperly reviewed the prescription history of Abigail Hinchy, Crown Point, and divulged that confidential information.
“As a provider of pharmaceutical service, defendant Walgreens Co. owes a non-delegable duty to its customers to protect their privacy and confidentiality of its customers’ pharmaceutical information and prescription histories,” Hinchy claimed in the lawsuit.
Walgreens was negligent in training and supervising Peterson, the suit said, while Peterson breached her statutory and common law duties of confidentiality and privacy to Hinchy.
Privacy Laws Violated
The six-member jury found for Hinchy, ruling the pharmacist and Walgreens violated privacy rules when Peterson looked up records on Hinchy, her husband’s ex-girlfriend, according to attorney Neal F. Eggeson, who represented Hinchy.
He said testimony indicated Peterson then shared that information with her husband, Davion Peterson, who has a child with Hinchy.
“We take seriously our responsibility to safeguard the privacy of medical records in our possession,” the company said in an emailed statement late Friday. “The pharmacist in this case admitted she was aware of our strict privacy policy and knew she was violating it. She was appropriately disciplined for her action.
“We believe it is a misapplication of the law to hold an employer liable for the actions of one employee who knowingly violates company policy. We intend to appeal the ruling.”
Call Star reporter Tim Evans at (317) 444-6204 and follow him on Twitter: @starwatchtim.
http://www.indystar.com/article/20130726/NEWS/307260079/Walgreens-must-pay-woman-1-44-million-over-HIPAA-violation?gcheck=1&nclick_check=1
