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Summary Judgment Granted in Negligent Infliction of Emotional Distress Case

Barry Howard and Nathaniel K. Cherry were granted summary judgment on behalf of their clients, CVS Corporation and CVS Pharmacy, in Sandi Jackson v. CVS Corporation, et al., Sumner County Circuit Court No. 28187-C, by order entered on October 2, 2009.  The plaintiff brought suit on behalf of herself and her daughter against CVS based on CVS's alleged negligent release of medical records in violation of HIPAA.  (It should be noted that CVS had previously been awarded summary judgment dismissing the mother's claims, leaving only the daughter's claim of negligent infliction of emotional distress.)  The court found that CVS breached no duty to the plaintiff since CVS was ordered to turn over the records by court order entered in an underlying juvenile proceeding.  Since CVS was acting pursuant to court order, CVS was immune from the plaintiff's suit.  The court also noted that HIPAA does not provide for a private right of action.

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