West Virginia Record

Monday, November 18, 2019

Defendants file motions to dismiss in case about Marshall med school sharing personal info


By Kyla Asbury | Jul 1, 2019


WINFIELD — Three motions to dismiss were filed in a case against Marshall University's medical school for divulging personal information that caused a student humiliation.

Motions to dismiss were filed by Cabell Huntington Hospital; Marshall University Joan C. Edwards School of Medicine and Marshall University Board of Governors; and Radiology Inc.

The defendants argue the venue is not proper in Putnam County and that the plaintiff failed to state a claim upon which relief may be granted.

"As the ... civil action was not brought in the county wherein the cause of action arose, there is no provision for transfer of venue to another county in West Virginia," one of the motions states. 

The complaint was filed against Marshall University Joan C. Edwards School of Medicine; Marshall University Board of Governors; Radiology Inc.; Cabell Huntington Hospital Inc.; and an unknown radiologist on April 10 in Putnam Circuit Court.

J.M.A. claims his personal information was entrusted to the defendants and was made accessible to unwanted third parties.

In 2012, J.M.A. had x-rays done, however, later his unredacted and de-identified radiological images were shared with members of his class at Marshall's medical school, which caused him severe shame and embarrassment, according to the suit.

The defendant's failure to implement and follow basic security procedures caused J.M.A. to suffer damages through a humiliating breach of confidentiality, according to the suit.

J.M.A. claims on April 15, 2018, the dean of the medical school sent a letter to him, describing activity that had taken place wherein a professor had used J.M.A.'s images as a teaching tool without first de-identifying the images.

"By the medical school's own admission, it did not become aware of its own employee's conduct until another faculty member brought it to its attention," the complaint states. "It is unclear how many people were able to view the Plaintiff's sensitive medical information, and to how many other individuals they reported what they saw."

J.M.A. claims his privacy was breached and now his sensitive medical information was shown to his classmates, which has caused him severe anxiety and humiliation.

J.M.A. is seeking compensatory and punitive damages. He is being represented by Troy N. Giatras, Matthew W. Stonestreet and Phillip A. Childs of The Giatras Law Firm.

Cabell is represented by Rebecca C. Brown of Bailes, Craig, Yon & Sellards.

Marshall is represented by Michael Meadows and Owen Reynolds of Campbell Woods.

Rita Massie Biser and Lynnette Simon Marshall of Moore & Biser.

Putnam Circuit Court Case number: 19-C-75

Want to get notified whenever we write about any of these organizations ?

Sign-up Next time we write about any of these organizations, we'll email you a link to the story. You may edit your settings or unsubscribe at any time.

Organizations in this Story

The Giatras Law FirmMoore & Biser PLLCPutnam Circuit Court

More News