DETROIT (AP) – The Michigan appeals court has reversed a decision and dismissed a lawsuit filed on behalf of 159 people in the Detroit area whose medical records were mistakenly made available online.
There’s no dispute that a contractor at Henry Ford Health System made a mistake in summer 2008. But the court notes there’s no evidence that the information actually was viewed on the Internet or used inappropriately.
The lead plaintiff in the case says her records revealed a sexually transmitted disease.
A Wayne County judge certified it as a class-action lawsuit. But the appeals court reversed the decision in an opinion released Friday. A three-judge panel says an invasion of privacy claim can’t stand when the act was not intentional.
The court says the plaintiffs also aren’t entitled to reimbursement for credit monitoring.