On October 16, 2018, Judge Juan R. Sanchez of the United States Court for the Eastern District of Pennsylvania granted final approval to a $17 million settlement that will be distributed to nearly 12,000 patients throughout the United States who claimed that Aetna mishandled and wrongfully disclosed their HIV status in connection with a mass mailing that took place in the summer of 2017. The lawsuit alleged that Aetna and its business partners ran afoul of state and federal privacy laws by sending a mailing to patients participating in a prescription drug program for the treatment and prevention of HIV/AIDS that was visibly marked with “HIV Medications” without opening the envelope. In the case, Kaplan Fox represented plaintiffs who alleged that Aetna’s conduct violated federal requirements regarding medical privacy and also specific California state laws prohibiting the disclosure of a person’s medical information and HIV status.
Under the terms of the settlement, each class member will receive a $500 minimum payment without having to file a claim. Additionally, each class member can obtain up to $10,000 in damages for emotional distress caused by the mailing and up to $10,000 in financial harm that occurred as a result of the mailing, such as moving or medical expenses. Plaintiffs have also obtained important operational changes that will help prevent similar mailings in the future. Kaplan Fox is also representing patients in a similar case against CVS/Caremark involving HIV privacy-related claims that impacted 4,500 patients in Ohio.
Kaplan Fox has extensive experience representing patients in cases alleging their medical information was wrongfully disclosed or stolen against hospitals, pharmacies, insurers, and healthcare conglomerates. Kaplan Fox’s dedication to protecting patients’ rights has resulted in a number of notable court rulings and the firm as recovered millions of dollars in benefits that held companies accountable for their misconduct. If you would like more information about our case against Aetna, Case No. 2:17-cv-03864-JS, fill out the form below or contact us toll-free at 1-844-333-7660.
