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Torts
California Confidential Medical Information Act

J.P., S.P., V.C. and A.J., individually, and on behalf of all others similarly situated v. Salinas Valley Memorial Healthcare System

Published: Dec. 2, 2022 | Result Date: May 27, 2022 | Filing Date: Jul. 23, 2020 |

Case number: 20CV001923 Settlement –  $340,000

Judge

Thomas W. Wills

Court

Monterey County Superior Court


Attorneys

Plaintiff

Gayle M. Blatt
(Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP)

Joshua B. Swigart
(Swigart Law Group)


Defendant

Spencer S. Persson
(Davis, Wright & Tremaine LLP)

Courtney T. DeThomas
(Davis Wright Tremaine LLP)

Monder Khoury
( Davis Wright Tremaine LLP)


Facts

Vanessa Colvin filed an action against Salinas Valley Memorial Healthcare System on behalf of all California citizens whose personal data or medical information stored or possessed by Salinas was potentially accessed by one or more unauthorized parties, during the class period.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant was legally responsible for its failure to prevent a data breach. Plaintiff argued that defendant failed to fulfill its legal duty to adequately secure and safeguard plaintiff's information and that defendant breached promises made to plaintiff concerning the security of her data. Plaintiff asserted claims for violation of the California Confidential Medical Information Act, as well as claims for injunctive relief.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions and contended that it was complying with applicable state law.

Settlement Discussions

A tentative settlement was reached after some direct negotiations between counsel, and participation in a mediation session with the Hon. Edward A. Infante (Ret.).

Result

The case settled for $340,000.


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