Indiana court upholds $1.44M HIPAA verdict against Walgreens

The Indiana Court of Appeals upheld a $1.4 million verdict against Walgreens triggered when one of its pharmacists improperly accessed the protected medical information of a consumer who once dated her husband, reports Indystar.

This decision is the first time a company has been held liable for HIPAA violations committed by one employee, the victim’s attorney, Neal F. Eggeson Jr., told the newspaper.

The ruling took place after the pharmacy chain asked the Court of Appeals to throw out a July 2013 verdict by a Marion Superior Court jury that awarded the plaintiff, Abigail Hinchy, $1.44 million in damages for having her privacy compromised.

After learning that the employee, Audra Withers, accessed the records, Hinchy had notified Walgreens officials. Wither’s husband, who has a child with Hinchy, had threatened to use the medical information against Hinchy in a paternity suit.

Court documents reveal that the pharmacist admitted to the transgression, and was required to retake a computer training program regarding HIPAA rules, according to the article.

Walgreens plans to appeal the ruling.