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Case ID: 3084 | Drugs / Medical | 01/26/2004
A class action has been filed against CVS Corporation, Trio Drugs Corporation, and Manhattan pharmacist Gerald Hinderstein on behalf of pharmacy customers who allege that Trio and its pharmacist violated their fiduciary duties to their customers and committed deceptive business practices when they sold prescription drug records to CVS. The action seeks unspecified compensatory and punitive damages.
The action allegedly involves prescription drug records in just one of scores of CVS file buys in New York state since at least 1993, involving hundreds of thousands of patients' confidential files. The sales by Trio allegedly occurred after the closure of a Manhattan store. The action alleges that CVS improperly used the customer data to identify new prospects and mine other information. In a recent hearing, the court found that a class of pharmacy customers, represented by an unnamed individual with AIDS, were entitled to summary judgment on their claims against Trio Drugs Corporation and its pharmacist, who sold his prescription drug records in what is known as a "file buy." The court found the class was entitled to an injunction to prevent improper use of the records and nominal damages. The court went on to find that Trio had a duty to keep its patients' information confidential and that duty was violated when it sold its customers' prescription information without prior notice to or consent of its customers. The court also found that Trio had a fiduciary duty to its customers, despite the fact that the scope of that duty under New York law was previously undefined. A trial on the inducement claims against CVS, as well as a hearing on the extent of the damages and injunctive relief to be awarded, is scheduled for January 26, 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Drugs / Medical Cases of Interest A class action has been filed on behalf of search and rescue, demolition and cleanup workers, as well as local residents exposed to lethal toxins at the World Trade Center site after the September 11 terrorist attacks. The suit alleges that the workers, and potentially hundreds of thousands of New Yorkers living in the immediate vicinity, contracted serious illnesses as a result of toxic exposure. The complaint further projects that many others who were exposed but do not yet show symptoms will become ill in coming years as a result of their exposure. A class action has been filed against biopharmaceutical company Alkermes, Inc. (Nasdaq: ALKS) and certain of its officers and directors by stockholders who purchased the company's common stock between April 22, 1999, and July 1, 2002. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. Insurance laws vary highly from state to state, and consumers should use every available resource to know those laws. A Florida class action has been filed against Allstate Indemnity Company and affiliate Deerbrook Insurance Company on behalf of insurance policyholders who allege that the companies wrongfully denied coverage for magnetic resonance imaging (MRI) exams in violation of policyholder's personal injury protection (PIP) policies and Florida law.
Kahn Gauthier Swick is investigating cases in which persons have contracted Stevens Johnson Syndrome (SJS), Toxic Epidermal Necrolysis Syndrome (TENS), or Erythema multiforme (EM) after taking any of a number of drugs, including prescription nonsteroidal anti-inflammatory drugs Daypro (oxaprozin), and Bextra (valdecoxib), and the anti-rheumatoid drug Arava (leflunomide). The syndromes are potentially life-threatening inflammatory skin disorders that can also cause lesions on internal organs. If you or a loved one has suffered from any of these debilitating conditions, please contact Kahn Gauthier for more information. When businesses try to collect debts, they must use their business names so consumers know to whom they are speaking. A class action has been filed against Lester E. Cox Medical Centers, Inc., and its debt collection division, Ozark Professional Collections, on behalf of patients who allege that the medical center misled them and other patients by collecting overdue payments through a fictitious third party in violation of the federal Fair Debt Collection Practices Act. A class action has been filed against Blue Cross of California on behalf of policyholders who allege that the insurer wrongfully changed their healthcare policies' premium basis from their age at initial enrollment to their attained ages at renewal time, in violation of the terms of the policies. |
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