H.D. et al. v. BLUME GOLDFADEN BERKOWITZ DONNELLY FRIED & FORTE, P.C. et al.

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0365-05T10365-05T1

H.D. and N.B.,

Plaintiffs-Appellants,

v.

BLUME GOLDFADEN BERKOWITZ

DONNELLY FRIED & FORTE, P.C. and

CAROL L. FORTE, ESQ.,

Defendants/Third-Party

Plaintiffs-Respondents,

v.

THE COMMUNITY HOSPITAL GROUP, INC.,

t/a JFK MEDICAL CENTER,

Third-Party Defendant/

Respondent.

______________________________________________________

 

Argued November 14, 2006 - Decided December 15, 2006

Before Judges Coburn, R.B. Coleman and Gilroy.

On appeal from the Superior Court of New Jersey,

Chancery Division, Middlesex County, C-189-04.

Stephen G. Traflet argued the cause for appellants

(Traflet & Fabian, attorneys; Mr. Traflet and

Christine M. Gurry, on the brief).

Cynthia M. Craig argued the cause for third-party

plaintiffs/respondents (Blume Goldfaden Berkowitz Donnelly Fried & Forte, attorneys; Ms. Craig, on the brief).

Jeffrey M. Pollock argued the cause for third-party

defendant/respondent (Fox Rothschild, attorneys;

Mr. Pollock, on the brief).

PER CURIAM

Plaintiffs appeal from summary judgment dismissing their complaint. As modified, we affirm.

Through no fault of their own, defendants came into possession of a single-page document containing personal medical information about plaintiffs, and one other person who is not a party to this case . That information is protected by the Health Insurance Portability and Accountability Act ("HIPAA"), 42 U.S.C.A. 1320d-1 to -2; see also 45 C.F.R. 164.502 (2006). Plaintiffs brought this suit to protect their privacy rights in that material, alleging invasion of privacy as a tort and seeking a declaratory judgment regarding the disposition and use of the document. Plaintiffs did not seek monetary damages of any kind.

During the argument before us, defendants stated that they were willing to send the original and any un-redacted copies of the original in their possession, to The Community Hospital Group., Inc., t/a JFK Medical Center ("JFK"), the hospital from which the document originated. Plaintiffs agreed that an order requiring that relief would fully satisfy their concerns if it also provided that defendants would make no use of the information in the document relating to them. Defendants agreed that they should make no use of the information in the document relating to plaintiffs. Therefore, the judgment is affirmed with the following modifications: defendants shall send forthwith to JFK the original and any un-redacted copies of the document in their possession and shall make no use of the information in said document that pertains to plaintiffs.

Affirmed as modified.

 

The document was received by defendants in the mail from another attorney, who, in turn, had received it from a client. The client had received the document from her physician, and had turned it over to her attorney in connection with her consideration of a malpractice action. Apparently, the attorney was considering asking the defendants to pursue the case.

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A-0365-05T1

December 15, 2006