Emily Sortor  |  September 12, 2019

Category: HIV / AIDS

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a cvs pharmacy location where customers can pick up joint health supplementsA class action lawsuit claiming that CVS failed to maintain client privacy and revealed the HIV status of prescription users has ended in a $4.35 million settlement deal.

Per the terms of the proposed settlement deal, the pharmacy chain has agreed to pay at least $400 to customers allegedly affected by the disclosure, and has agreed to incite certain policy changes to better protect patient privacy.

Each person who had their HIV status allegedly revealed will get $400 without submitting a Claim Form. In addition, Class Members can submit a claim indicating that they did suffer financial harm or emotional distress because of the privacy breach.

Class Members who do submit claims are eligible for up to $10,000 in additional compensation for financial harm and up to $2,500 in benefits for non-financial injury.

Class attorneys have asked to receive around one third of the $4.35 million — about $1.5 million. For their role in the CVS class account lawsuit, Class representatives would receive $3,500 each on top of any other benefits for which they may be eligible.

In addition to monetary compensation, CVS has agreed to implement certain changes as part of the proposed settlement deal, in the interest of further protection patient privacy.

The company does not admit any wrongdoing, but has agreed to train employees in the matter of medical privacy, and to stop using the word “HIV” in identification codes in records for Ohio patients. Both the company and the customers agreed to settle the CVS class action lawsuit to avoid the risks and costs of continued litigation.

Customers expressed approval of the settlement deal, and their attorneys called the deal “more than fair, reasonable, and adequate.” According to the attorneys, the CVS HIV disclosure settlement deal “compares favorably” with other settlements. 

The CVS HIV status class action lawsuit was filed in March by customers who claimed that the company revealed the HIV status of customers, in violation of their privacy. Allegedly, the company sent out mailings for patients who participated in a state HIV Drug Assistance Program.

Customers claimed that the transparent windows in the envelopes, through which a patient number that included the code “HIV” was visible, and in another window, “Ohio Department of Health” was visible. Allegedly, this ID code could be seen along with a message on the front that said “your prescription benefits have arrived.”

According to the CVS class action lawsuit, the practice of revealing a patient code involving “HIV” in what is clearly a health-related context effectively revealed the HIV status of a patient. Allegedly, this violated patient privacy, and unlawfully revealed patient medical information.
Do you think CVS does enough to protect customers’ privacy? Let us know your thoughts in the comment section below.

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The CVS patients are represented by Meyer Wilson Co. LPA, Whatley Kallas LLP, Kaplan Fox & Kilsheimer LLP, Terry L. Kilgore, Lambert Law Firm LLC, and Consumer Watchdog.

The CVS HIV Status Disclosure Class Action Lawsuit is Doe One, et al. v. CVS Health Corp., et al., Case No. 2:18-cv-00238, in the U.S. District Court for the Southern District of Ohio.
UPDATE: November 2019, the Ohio CVS HIV class action settlement is now open.Click here to file a claim.

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One thought on CVS Settles HIV Status Class Action For $4.4M

  1. Louis Gross Jr says:

    please add me to this lawsuit

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.