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Health Law Costco customer can sue for alleged disclosure of erectile dysfunction medication to ex-wife, top state court says
Image from Shutterstock.com. A Costco customer will be able to pursue his lawsuit alleging that his hopes of reconciliation with his ex-wife were dashed when a store pharmacist wrongly told her that his erectile dysfunction medication was ready for pickup. The Arizona Supreme Court ruled Monday that Greg Shepherd can sue for negligent disclosure of medical information. Shepherd said Costco had wrongly filled the erectile disfunction prescription after he was given a sample by his doctor during a checkup. He said he twice told Costco to cancel the medication because he didn’t want it. When he called to ask whether his ex-wife could pick up his regular prescription medication, the employee said she could and it was ready. The employee did not mention the erectile dysfunction medication, which had not been canceled. ....
Arizona High Court Rules Man Can Sue for Privacy Breach Warehouse store chain Costco can be sued for privacy violations by a Phoenix-area man who alleges a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had twice canceled, the Arizona Supreme Court has ruled. The ruling allows the man’s lawsuit to proceed, but sets a high bar for him to win: He must show by “clear and convincing” evidence that the store and its pharmacist did not act in good faith when the woman was told about the prescription. But it is an important decision, because for the first time the state Supreme Court ruled that lawsuits can be brought here under state law for violations of the federal health care privacy law commonly known as HIPAA. The company argued that the federal law does not allow private citizens to sue, but the court rejected that, saying the law’s standards can be used to show privacy violations in state court ....
A Costco store in Henderson, Nev. (Photo via Coolcaesar/Wikipedia Commons) (CN) An Arizona Supreme Court ruling Monday sends a case stemming from a pharmacy worker’s erectile dysfunction joke back to the drawing board. Greg Shepherd’s lawsuit against Costco over an employee’s joke with his ex-wife was dismissed in Maricopa County Superior Court, based on presumed good faith of the pharmacy worker. But Shepherd never got a chance to prove the joke was not in good faith, so Judge Aimee L. Anderson dismissed the case in error, the justices ruled. In remanding the case to Anderson, the justices noted that Shepherd will still have to prove bad faith in his negligence claim. ....