Arizona court says Costco can be sued over ED drug disclosure

Court Watch

The Arizona Court of Appeals has ruled that the Costco warehouse store chain can be sued for privacy violations by a Phoenix-area man because a pharmacist joked with his ex-wife about an erectile dysfunction prescription he had never picked up.

The ruling issued Tuesday revived the lawsuit the man filed after the pharmacist told his ex-wife about the prescription when she went to pick up another prescription with his approval. The man had called Costco twice to cancel the prescription before his ex-wife went to the north Phoenix store in early 2016, but the pharmacist did not do so, according to the ruling.

Attorney Joshua Carden filed the lawsuit for the man alleging a variety of violations, but it was dismissed by a trial-court judge. The Court of Appeals revived sections alleging negligence under federal health care privacy law commonly called HIPAA. The ruling potentially allows him to seek punitive damages.

The ruling is the first to say that negligence claims under HIPAA can be brought in Arizona courts, Carden said.

“If there is a big deal in the case it’s that the court went ahead and said yes to negligence claims based on HIPAA violations,” Carden said. “That’s not ever been announced in Arizona before.”

The federal health privacy law doesn’t allow individuals to sue for violations in federal court, he said, and state courts haven’t always been clear about that right.

Related listings

  • Supreme Court to consider Louisiana's non-unanimous juries

    Supreme Court to consider Louisiana's non-unanimous juries

    Court Watch 03/15/2019

    The Supreme Court will consider banning non-unanimous juries in criminal cases in Louisiana, the only state that still allows them.The justices said Monday they will hear an appeal from a man who was convicted of second-degree murder by a jury's 10-2...

  • Dakota Access developer sues Greenpeace in state court

    Dakota Access developer sues Greenpeace in state court

    Court Watch 02/22/2019

    The developer of the Dakota Access oil pipeline is going after the environmental group Greenpeace in state court in North Dakota, after a judge tossed the company's $1 billion racketeering claim out of federal court.Texas-based Energy Transfer Partne...

  • Supreme Court returns to gun rights for 1st time in 9 years'

    Supreme Court returns to gun rights for 1st time in 9 years'

    Court Watch 01/21/2019

    The Supreme Court said Tuesday it will take up its first gun rights case in nine years, a challenge to New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits.The court’s decision to hear th...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

Canton, MI Criminal Law Attorney Rita White is a metro Detroit area attorney with a focus on criminal defense. >> read