[BreachExchange] NS close to settling $1 million privacy suit

[Destry Winant]

http://www.canhealth.com/blog/ns-close-to-settling-1-million-privacy-suit/

Hundreds of Nova Scotian hospital patients may get to share a
$1-million settlement in a case involving breaches of their privacy.

Halifax’s Wagners Law Firm has reached a proposed settlement with a
former provincial health authority and if it’s approved, will offer
$1,000 each to nearly 700 plaintiffs they represent in a class-action
lawsuit, the Chronicle Herald newspaper reported.

In 2012, the South West Nova District Health Authority sent letters to
700 people, telling them an employee had “inappropriately” accessed
their health information, according to a Wagners news release.

Now, Wagners has promised – if the court accepts the proposed
settlement – to give each member of the subsequent class-action
lawsuit $1,000 of the $1-million payment from South West.

“We are very excited to deliver some relief to people impacted as a
result of this privacy breach,” said Ray Wagner (pictured) in a phone
interview with The Chronicle Herald.

“We were happy to come to a resolution before trial, given the
uncertainty of a courtroom environment.”

A two-week trial was to begin in June but it has been replaced with a
settlement approval hearing.

The original lawsuit included 717 people, but over the years some
opted out, and the access to others’ records by the staffer was found
to be for legitimate reasons.

The Roseway Hospital in Shelburne had previously disclosed that the
employee had accessed the files through a work computer. The employee
was fired.

“The actual number is 686, and we are committed to giving $1,000 to
each of those people,” said Wagner.

The number includes legal fees and the costs of administering the settlement.

“The privacy breaches in the advent of electronic info has become a
recent issue. But we would be the first to get a resolution,” he said.

“This could set an important precedent and give credibility to the
responsibility of information holders to make sure privacy is
respected.”

The Department of Health deferred questions about the proposed
settlement to the Nova Scotia Health Authority.

“The settlement is still subject to court approval; however, we are
pleased we are close to reaching a conclusion to this incident,” wrote
NSHA spokeswoman Kristen Lipscombe in an email.

“We want people to know NSHA is committed to protecting the
confidentiality of patient information and to following the Personal
Health Information Act. Any suspected breach of confidentiality is
immediately and fully investigated.”

She wrote that privacy policies are reviewed regularly, and audits are
done as well as confidentiality training for employees.

“Employees also sign a confidentiality pledge as part of a commitment
to protect privacy,” she wrote.

“It is essential that patients are able to trust that their personal
health information is protected. We regret this happened and apologize
to those who were impacted by this incident.”

Wagner says it’s important to note the settlement “is not an admission
of liability.”

“Both parties weighed the pros and cons and decided a settlement was
the way to go.”