Justices decline to review $1.4M verdict against Walgreen

May 11, 2015

The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.

The ruling affirmed by the Indiana Court of Appeals was considered a game-changer by legal experts because it involved a one-time disclosure of private information rather than a mass breach.

Indianapolis attorney Neal Eggeson represented the plaintiff and said the opinion was the first published decision in the nation in which a health care provider had been held liable for violations committed by its employees under the Health Insurance Portability and Accountability Act (HIPAA).

Justice Mark Massa was the lone jurist who voted to grant transfer in the case, Walgreen Co. v. Abigail E. Hinchy, 49A02-1311-CT-950.  The case is among 23 denied transfer last week by the Indiana Supreme Court, which granted no transfer petitions for the week ending May 8.

Supreme Court transfer dispositions may be viewed here.



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