On January 30, 2020, Judge Edmund Sargus, of the United States Court for the Southern District of Ohio, granted final approval to a $4.4 million settlement that will be distributed to 4,500 patients in Ohio who claimed that CVS/Caremark and its business affiliates 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 CVS/Caremark 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 the term “HIV” without opening the envelope. Plaintiff John Doe alleges that CVS/Caremark’s conduct violated federal requirements regarding medical privacy and also specific Ohio state laws prohibiting the disclosure of a person’s HIV status. Plaintiffs in the suit successfully defeated a motion to dismiss their claims in December 2018.
Under the terms of the settlement, each class member will receive a $400 minimum payment without having to file a claim. Additionally, each class member can obtain up to $2,500 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 was appointed as co-lead class counsel in this case and has previously worked as class counsel in a similar case against Aetna involving HIV privacy-related claims that resulted in a $17 million settlement impacting 11,000 patients nationwide.
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 CVS/Caremark, Case No. 2:18-cv-00488-EJS-KAJ, fill out the form below or contact us toll-free at 1-844-333-7660.
