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Interesting Lawsuit
Old 06-05-2018, 09:45 AM   #1
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Interesting Lawsuit

This is going to be a hard case to try especially if the CVS erects a strong and long lasting defense. It will be interesting to see what the outcome will be ! The client's attorney is doing this on a pro bono basis as well.

https://www.yahoo.com/news/report-ma...192951558.html
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Old 06-05-2018, 09:48 AM   #2
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Originally Posted by frayne View Post
This is going to be a hard case to try especially if the CVS erects a strong and long lasting defense. It will be interesting to see what the outcome will be ! The client's attorney is doing this on a pro bono basis as well.

https://www.yahoo.com/news/report-ma...192951558.html
How about a snippet so we know what it's about?
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Old 06-05-2018, 09:57 AM   #3
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Originally Posted by frayne View Post
This is going to be a hard case to try especially if the CVS erects a strong and long lasting defense. It will be interesting to see what the outcome will be ! The client's attorney is doing this on a pro bono basis as well.

https://www.yahoo.com/news/report-ma...192951558.html
Didn't his wife wonder why he turned blue every time they had sex?

Ha
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Old 06-05-2018, 10:23 AM   #4
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Originally Posted by frayne View Post
This is going to be a hard case to try especially if the CVS erects a strong and long lasting defense. It will be interesting to see what the outcome will be ! The client's attorney is doing this on a pro bono basis as well.

https://www.yahoo.com/news/report-ma...192951558.html

CVS has a large legal department. I am sure if they put all their heads together they can come up with something beyond a flaccid excuse for the premature extrapolation their employee caused.
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Old 06-05-2018, 10:33 AM   #5
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CVS has a large legal department. I am sure if they put all their heads together they can come up with something beyond a flaccid excuse for the premature extrapolation their employee caused.
I think they may be in a very sticky predicament.
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Old 06-05-2018, 10:54 AM   #6
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Of course this is at least a technical violation of HIPPA on the part of the Pharmacist. Also did the patient have a medical power of attorney with his wife named. That does wave the HIPPA protections. (It is not clear what the situation without a medical power of attorney is may well depend on the state in question)
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Old 06-05-2018, 11:14 AM   #7
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I bet it is like our pharmacy.... both my wife and I were asked if the other could pick up their prescription and we both said yes... I do not know if I signed anything to that, but I do think I did sign something when we started going there....
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Old 06-05-2018, 11:48 AM   #8
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How about a snippet so we know what it's about?
Spoiler alert. A man is suing CVS because a pharmacist let his wife know he had a viagra prescription. I guess he was bragging about being a hard ass and is now caught out. I think the OP didn't want to explain it because he placed some tongue in cheek hints in his post. But, if someone has read this far and doesn't know what its about I might as well tell them.
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Old 06-05-2018, 04:45 PM   #9
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Didn't his wife wonder why he turned blue every time they had sex?

Ha
It could be because he didn't turn blue when having sex with his wife, but with someone else. That would explain why he's so mad about it.

As with Texas Proud, DW and I pick up each other's prescriptions all the time, no issues with the pharmacy. That may change though especially since it's a CVS.
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Old 06-05-2018, 05:07 PM   #10
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Of course this is at least a technical violation of HIPPA on the part of the Pharmacist. Also did the patient have a medical power of attorney with his wife named. That does wave the HIPPA protections. (It is not clear what the situation without a medical power of attorney is may well depend on the state in question)
See at first thought I'd immediately think that "hippa violation" and be an easy case.

But I pick up for DH all the time. And I give his name, and DOB, and the pharmacist will go "is this for the XYZ?" - that's just the transaction almost every time. I didn't read the link, but if so, this is SOP at most pharmacies.

Then, however, I would argue as a lawyer that DH's right to privacy ended when he asked me to act as his agent in transacting with the pharmacy. I guess if he didn't, and I went-a-snooping...it could get interesting?

I don't know hippa in detail, but it would be hella easy to drive up to CVS and give someone's name and DOB and say "is his viagra ready?" and be told yes or no and so I could find out, without proving who I am.

ok maybe I'll read it now!

ugh - ETA - it's a video article, hate them.
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Old 06-05-2018, 05:18 PM   #11
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Funny story from the Bad Old Days, pre-HIPAA- a friend in a rocky marriage kind of knew his wife had a guy on the side; he and his wife hadn't had sexual relations in years. Wife goes in for some surgery and the doctor brings the husband a permission form so that he can agree to his wife having her tubes tied whe doing teh scheduled surgery! He signed it. This would have been the 1970s.

It did not end well for the wife- she and the BF were going to both get divorces and get married and live happily ever after. She divorced my friend. BF had excuse after excuse for why he couldn't divorce his wife just yet, and never did.
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Old 06-05-2018, 07:20 PM   #12
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Thinking about this... what damages did he suffer


Unless he was using them for a GF and not his wife...
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