[ Tuesday, July 09, 2013 ]
Update on Adventist/Sunbelt HIPAA breach class action lawsuit:
Jeff [11:38 AM]
I previously posted
on a the filing of a class action lawsuit against Florida Hospital-Celebration due to a HIPAA breach caused by rogue employees stealing patient data. Now, a Federal judge has dismissed the lawsuit
. The article doesn't indicate it, but the Federal judge indicated that, while Federal HIPAA rules determine the standard of conduct, it really is only a state law claim being made, so it doesn't belong in Federal court. The plaintiff's counsel's comment is interesting, because he doesn't mention re-filing the case in state court. That's where I'd expect this case to end up.
UPDATE: According to Dissent Doe, the case HAS been re-filed in State court
. The lawyer's quote sounded like a surrender line.
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