Walgreen’s Identity theft and HIPPA Violation

[Roddyray]

What is the name of your state? Florida
A Walgreen’s employee, a Pharmacist took my prescription (after filling it at their store, do you think there might also be an issue with the tracking and documentation of controlled substance prescriptions) and my identity and filled it at another pharmacy. I know that it is a clear cut Violation and have the Paperwork from the Department of Health and Human Services after they reviewed the case showing the violation. Walgreen’s has offered me 1,000.00 to settle the case but that does not cover any of my time, driving, days off from work anything. The employee was arrested and spent time in jail yet is now out. I am looking for someone to help me get my rights, what little has not been blown away by them, covered. In their statement to DHHS Walgreen’s stated I was given an apology and a settlement amount( I have gotten neither). I am not sure where they would come up with that since they turned the case over to Sedgwick, their insurance company which states they do not know anything about the admission of guilt and thus can not pay more than 1,000.00 since they really did not do anything wrong. Please note that until December (2007) Walgreens’ denied that the incident even happened which is one of the many things that angered me about this issue.What is the name of your state?

 

[ecmst12]

Walgreens is not responsible for the illegal actions of a single employee which were neither encouraged nor condoned by them. They took appropriate action by firing the employee and cooperating with the criminal investigation. You should take the $1000 and run - legally, they do not owe you a dime. You could sue the responsible party, but of course his pockets are not so deep.

 

[LAWMED]

Actually, Walgreens may well be responsible for the acts of their employee (I would be very surprised if they are not). It is under a well known legal doctrine, Respondent Superior. If the actions of their employee, whether legal or not, occurred during the course of their employment and as a result of the normal duties of the employee on behalf of the interests of the employer, they are responsible for the acts of the employee.

I personally would tally up all the time lost from work, any other expenses, come up with a figure and counter their offer demanding they pay that amount. I would also write a letter to DHHS (copied to Walgreens) letting them know that Walgreens never apologized (and whatever else they have said they did but did not). I would also write a letter to the insurance company providing them with all the information/paperwork you have regarding the arrest, conviction and DHHS action against the pharmacist and see if this helps their recollection reharding an admission of guilt. You can get some of this on the internet at the DHHS website, which should have any action against the pharmacists license posted. http://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP

 

[Roddyray]

Thank you Lawmed

Thank you LawMed, there are actually some cases that seem to be out there. I have tried to contact one Attorney that seems to have taken and won at least two similar cases. The Pharmisist in question does have real assests. A home in the Very Upscale area of South Floirda. I just have to find an Attorney that understand and know the in's and out's as accociated with HIPAA. I work for a failrly large Helathcare organization and off the record our Attny told me she felt I had a great case and that it would be one that our organization would settle. I was not asking for much so I just think they are trying to be bullies. The Insurance Co even told me that it would take more money than I was asking for to sue them so "good luck"

She had 18 count's of Obtaining a controlled substance by fraud, a fellony according to the report I found from the Broward County Sheriff department.

 

[VeronicaLodge]

Actually, Walgreens may well be responsible for the acts of their employee (I would be very surprised if they are not). It is under a well known legal doctrine, Respondent Superior. If the actions of their employee, whether legal or not, occurred during the course of their employment and as a result of the normal duties of the employee on behalf of the interests of the employer, they are responsible for the acts of the employee.

I personally would tally up all the time lost from work, any other expenses, come up with a figure and counter their offer demanding they pay that amount. I would also write a letter to DHHS (copied to Walgreens) letting them know that Walgreens never apologized (and whatever else they have said they did but did not). I would also write a letter to the insurance company providing them with all the information/paperwork you have regarding the arrest, conviction and DHHS action against the pharmacist and see if this helps their recollection reharding an admission of guilt. You can get some of this on the internet at the DHHS website, which should have any action against the pharmacists license posted. http://ww2.doh.state.fl.us/IRM00PRAES/PRASLIST.ASP

you are missing a key element, i bolded it above. in this case the employee was not acting within his duties or on behalf of the employer

 

[Roddyray]

OK yes I am missing it

Her Normal Business is to fill scripts so the normal business comes into that if in fact they had protected my information, it would not have gotten into her hands and if they had infact accounted for their control substance scripts (which is how it USE to be that all scripts had to be validated and accounted for) they would have also haulted this issue. And she did, she just in turn took the paper copy, screen printed my information which Walgreen's obtained and maintains in their computer, took all of the information to the local store and had my script filled under my name and information. Under HIPAA how is that not their responsibility? If it is not their responsibility why would DHHS send me a letter reflecting that it was a violation. I am not trying to milk anyone, I have spent a year trying to keep my credit protected and running around gathering all of the information. Again, how is this different? It is privilaged information which she stole and used for personal gain. If I could reach out to the Attoney who did the case Acosta v Byrum and similar cases I think I could get somewhere

 

[ecmst12]

HIPAA is not even the issue here. HIPAA does not, in itself, allow for lawsuits in response to violations. It allows for FINES, but even if a fine was levied (which I'm told has NEVER yet been done since the law went into effect) that money would not go to you.

So tell me, what actual, tangible, monetary damages have you suffered because of this crime? If the answer is none, then that is what you are entitled to recover from the pharmacist personally, and even less from her unsuspecting employer. Remember that Walgreens was victimized here also.

 

[Roddyray]

Re: HIPAA is not even the issue here

I am not sure where you are getting that from... It has already been determined by the governing body that it is in fact a violation and you are correct to my knowledge no fine was imposed and yet they did state in their response (Walgreens to DHHS) that a monitary amount was reached as well as they "said they were sorry" . As defined in what I read from the AMA shows that a violation would be the breach of personal information. If in fact this would have been an accident then stuff happens and little would be said. She did this with intent for personal gain, financial. Where in fact, again you can check with the AMA but the DOJ does define this as a criminal penalty. And according to the same website Walgreens would in this case would be a "covered entity" and she would be a "covered individual".
In addition, in accordance with HIPAA, they should have contacted me within 30 days of a known breach, they did not. I am not sure why there is even a question regarding this being a violation, the DHHS has already determined that is was/is a HIPAA issue and Violation. What is in question is the amount which Walgreens is liable. I asked for my expenses reimbursed, travel to and from South Florida, the credit monitoring cost and that was it. It totals out to about 9,000.00.

I am not sure if you message (which seems to be in all of your posts) was suppose to be snippy and almost rude, but if that is what you are about I am sure that myself and others would prefer that you not post. I am came here for advise not someone's off the cuff rude comments. Thanks in advance to those responding that have something documented or reasonable to say. Rodney

 

[ecmst12]

What I am saying is you can't sue SOLELY because a HIPAA violation occurred, if there were no actual monetary damages incurred due to the violation. And if there WERE monetary damages, the reason you can sue is simply because you were damaged - regardless of whether HIPAA was violated or not!

You do have monetary damages as a result, so you can definitely sue the pharmacist. Why did you have to travel to south Florida? But anyway, I'm still dubious on Walgreen's liability. If the pharmacist herself is collectible, why not go straight to the guilty party? She was certainly not acting on behalf of or in the interests of her employer when she broke the law.

I am not being rude. I am explaining to you my knowledge of how the law works. I am VERY well versed in HIPAA, having worked in the healthcare for many years. I use plain language and no sugar coating. If you don't like it, I will gladly refund your money.

 

[LAWMED]

HIPAA is basically useless in regards to any private civil action. It is purely a governmental regulatory statute which only the government can enforce. To date no monetary fine has been levied by the government against any entity under the HIPAA statutes. Your equivalent civil complaint under the law would be invasion of privacy (if your privacy was violated).

I disagree regarding the vicarious liability of Walgreens. The terminology used does not help make things clear unfortunately. When I say that the employee was acting within his duties AND on behalf of the employer, this refers to the fact that DURING these, he, by nature of his duties to the employer, had access to the patient information/prescription. It makes no difference that he chose all by himself to act negligently and wildly outside the scope of his employment once he had it. The pharmacist, just like a nurse (and in many instances doctors) in a hospital, when negligent, do not absolve the institution by not checking with them first, before negligence occurs. If a nurse employee decided to cut off a patient's leg in the stairwell (certainly illegal, not what she was hired for, done without permission, etc.), the hospital is liable. This is my take anyway....I'm not saying I'm smarter than anyone else here or that I am infallible, so check with the lawyer you obtain. Certainly they should answer this for free

What are your potential claims? Professional malpractice, intentional infliction of emotional distress, invasion of privacy, etc. What are your damages? They may not be much...add up the things I mentioned earlier. Of course a good lawyer may have some magic.

Yes, Walgreens is a victim too, but that is no concern of yours. If you prevailed in a lawsuit and they paid out, they are free to sue the pharmacist for their losses (more than free, the law allows them...fair play and all that).

Certainly it is an interesting slant on professional malpractice meeting criminal behavior and employer liability. That said, ya ain't gonna get rich.

 

[lya]

Come on, folks.

This has nothing to do with HIPAA or employer responsibility or identity theft or anything but a professional's drug addiction leading to theft of medications.

This is a matter for the professional licensing board of the pharmacist, which may or may not include legal/criminal action on behalf of the person who was robbed (the store/pharmacy).

 

[LAWMED]

Come on, folks.

This has nothing to do with HIPAA or employer responsibility or identity theft or anything but a professional's drug addiction leading to theft of medications.

This is a matter for the professional licensing board of the pharmacist, which may or may not include legal/criminal action on behalf of the person who was robbed (the store/pharmacy).

Actually, this has everything to do with employer responsibility (the employer has offered a settlement), AND identity theft (since his identity was stolen and used to obtain a controlled substance illegally), AND the professionals drug addiction is of no concern to the injured party.

The Board of Pharmacy and law enforcement have taken action with a suspended license and criminal charges including arrest, all of which provides the factual basis for his legitimate cause of action. Again, damages are the question....not whether he has a valid claim. This case has zero medical issues and is pure law.

 

[lya]

Actually, this has everything to do with employer responsibility (the employer has offered a settlement), AND identity theft (since his identity was stolen and used to obtain a controlled substance illegally), AND the professionals drug addiction is of no concern to the injured party.

The Board of Pharmacy and law enforcement have taken action with a suspended license and criminal charges including arrest, all of which provides the factual basis for his legitimate cause of action. Again, damages are the question....not whether he has a valid claim. This case has zero medical issues and is pure law.

right...

 

[RuGa]

settle??

As is well known within any lawfirm, if an insurer offers any monetary amount, there must be an issue! Insurance and large corporations do not give money away. If there is an offer, they evidently feel they have some liability.
I'd contact a good lawyer for a free consultation and see what he/she says...

 

[Roddyray]

Help?

Does anyone know of a good Lawer? Can anyone point me inthe right direction to find someone that does a case that is not an Injury case? It has been very hard to take the time (I already have vested a lot in this) to really search one out. Thanks in advance for any direction. I have thought of sueing the Pharmacist but don't know if I can. She has propery in a VERY well to do area of South Florida so there is some cash somewhere, She is married and has began to use her new name. Yes, a you are thinking I have not only spent a lot of time but I think I have a lot of information for someone willing to take the case. The only thing I have not gotten is the trial transcripts just because it is so expensive to obtain them. The only thing I have a copy of are the charges against her which are pulic information