Suit Filed in California Over the Sale of Prescription Data
A lawsuit has been filed against a California man charging him with invasion of privacy for allegedly selling a New York woman’s prescription drug data.
According to court papers, Gary V. Kaufholz and his firm Leaders Labs Research in Escondido, CA, sold the name, address and prescription information of New Yorker Sue Kaszynski, without her knowledge or permission.
“It’s the most egregious invasion of privacy,” said David M. Arbogast attorney with Philadelphia law firm, Sheller, Ludwig & Badey, who represents Kaszynski.
Kaufholz could not be reached for comment.
The complaint stated that other defendants will be named later.
Kaszynski discovered that her data had been released when she received two letters in April 2001, from a law firm, Napoli Kaiser, Bern & Associates, LLP, in Mineola, NY, asking her to participate in a class action lawsuit concerning the prescription drug, Propulsid, an antacid.
When Kaszynski contacted the firm and asked it to reveal the source of her medical data, the firm refused. She was allegedly told she would be removed from “the list,” the complaint continues.
Kaszynski received a third letter in June 2001 asking her to participate and reported the firm to the disciplinary committee of the New York Bar, which told her that the source of her data was Leaders Labs, according to the complaint.
The lawsuit, filed Aug. 7 in the Superior Court of the State of California for San Diego County, charges invasion of privacy under California law for the “unauthorized collection, sale, disclosure and/or circulation of private medical information.”
The complaint asks the court to stop Kaufholz from collecting and marketing medical data, Arbogast said. The exact nature of Kaufholz’ business is unknown.
Arbogast’s law firm represents the plaintiff, known as S.K., in the Florida lawsuit against Walgreen and Eli Lilly over the mailing of Prozac samples without patients’ consent.
