There are many things that Americans hold dear, and one of the big ones is the right to privacy. And, when we feel that we’ve suffered an invasion of privacy, we want the person who violated our privacy held accountable. That’s what’s happening with a group of HIV patients who have filed a class action lawsuit against CVS.
How Did CVS Violate These Patients’ Privacy?
The HIV patients are claiming that CVS pharmacy insurance plan violated their privacy by making them buy their HIV/AIDS medication at CVS retail stores or having the medication mailed to their homes. One class member explains that his medication was delivered to his home while he was at work, which meant that the package was left at his front door all day, risking his neighbors seeing them.
Another class member explains that there are privacy issues when picking up from a CVS retail store as well. He states that there’s no privacy when talking to the pharmacist, and he’s concerned with others finding out that he’s HIV positive.
Elements of an Invasion of Privacy Claim
There are different types of rights to privacy claims, and the elements of the claim will depend on the type of claim. In the case of the HIV patients suing CVS, it would appear that they’re suing for public disclosure of private facts. Although the elements for this claim will vary depending on a particular state’s laws, generally a plaintiff will need to establish the following:
- The disclosed fact was private;
- There was a public disclosure of the fact that was private; and
- The disclosure is offensive to a reasonable person of ordinary sensibilities.
As previously stated, the specific elements will vary depending on state laws. If you believe that you have an invasion of privacy claim, it’s best to discuss your situation with a local personal injury attorney.
Related Resources:
- Torts and Personal Injuries (FindLaw’s Learn About the Law)
- What Is Invasion of Privacy? (FindLaw’s Injured)
- Model Can Seek $1.5M for HIV Ad Featuring Her Image (FindLaw’s Injured)
