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Kirk Nahra Discusses Data Breach Lawsuit Involving Paper Health Records
Kirk J. Nahra, chair of Wiley Rein’s Privacy Practice and co-chair of the Health Care Practice, was quoted in a June 21 Healthcare Info Security article about a lawsuit involving paper health care records that fell off a vehicle during transport to an incinerator. The defendant, a Florida-based radiology facility, is seeking to dismiss the class action lawsuit, which alleges that the breach of the paper records could impact more than 483,000 individuals.
Mr. Nahra said there is no clear indication that any of the records were actually lost. “If some portion were lost, there is no indication whatsoever in this case that the records were recovered by anyone, much less by anyone who would do something wrong with any records. So, this is a more speculative case than many others, even where those others also get dismissed.”
“The general lack of concrete injury is the primary basis on which these [breach] lawsuits get dismissed,” Mr. Nahra noted. “The courts have been pretty firm in requiring something more than just a theoretical injury.”
This incident “is a good reminder that paper records still matter,” he added. “These kinds of incidents happen—very sporadically—but they do happen.”
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