MADISON (WKOW) — A federal judge has dismissed parts of a lawsuit against UnityPoint Health, but is letting other parts move forward after a data breach last year.
UnityPoint Health, which operates Meriter Hospital in Madison, alerted the public in 2018 about two security breaches where patient information was compromised. A lawsuit was filed shortly after by four patients, including two who live in Wisconsin. The other plaintiffs are from Iowa and Illinois.
UnityPoint Health filed a motion to dismiss the lawsuit, which was recently ruled on by U.S. District Court judge for the Western District of Wisconsin, James D. Peterson. Even though the lawsuit was filed in the Western District of Wisconsin, Judge Peterson made decisions for each plaintiff based on where they live and each state’s laws.
In his order filed in late July, Peterson decided all plaintiffs can move forward on any claims regarding breach of contract, breach of the covenant of good faith and fair dealing and unjust enrichment. The Wisconsin plaintiffs are also able to move forward on any claims of negligence, negligence per say and claims for violation of the Wisconsin confidentiality of health care records statute. Those were dismissed for the Illinois and Iowa plaintiffs.
Peterson dismissed the plaintiff’s claims for invasion of privacy, misrepresentation, violation of data breach notifications statutes (in Wisconsin) and violation of consumer fraud statutes.