Man says Thomas Memorial disclosed private information to ex-wife

By Kyla Asbury | Dec 16, 2013

CHARLESTON - A man is suing Thomas Memorial Hospital after he claims an employee disclosed his private health information with his ex-wife.

Herbert J. Thomas Memorial Hospital Association is doing business as Thomas Memorial Hospital.

In December 2008, Jessica Massey filed an action for divorce in Kanawha Family Court against Robert L. Massey, according to a complaint filed Dec. 2 in Kanawha Circuit Court.

Robert Massey claims in March 2009, Jessica Massey gave birth to his daughter, who is the only child born of their marriage and in April 2009, Kanawha Family Court entered a final order granting Jessica Massey's divorce.

Since the divorce, there has been a custody-sharing arrangement in place for the Masseys' daughter, according to the suit.

Robert Massey claims in September 2010, he sought treatment at Thomas Memorial Hospital's emergency department for emotional disturbances related to and caused by his divorce, which resulted in a hospitalization.

At some point, employees and/or representatives of Thomas Memorial Hospital disclosed information regarding Robert Massey's treatment and care to Jessica Massey without his consent, according to the suit.

Robert Massey claims on Dec. 6, 2012, Jessica Massey relied on and used his private health information for the purposes of filing an emergency petition for modification of parenting plan, which sought to change the custody-sharing arrangement in order to deprive Robert Massey of custody of his daughter.

The defendant was negligent and breached its duties with Robert Massey, which caused him permanent and irreparable harm, according to the suit.

Robert Massey is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Jeffrey V. Mehalic of the Law Offices of Jeffrey V. Mehalic, and David R. Karr Jr.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 13-C-2235

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