A federal class-action lawsuit was filed in Philadelphia this week on behalf of thousands of Aetna customers whose HIV-privacy rights allegedly were violated by the health-insurance company.
The Aug. 28 suit seeks more than $5 million in damages and corrective measures at Aetna, which is one of the nation’s largest health insurers.
On July 28, Aetna sponsored a mailing to about 12,000 customers, explaining how to obtain their HIV-related medications. Envelopes with large transparent windows were used in the mailing, rendering the recipients’ HIV-related information visible to the public.
So far, Aetna refuses to publicly identify the third-party vendor that handled the mass mailing, according to the 22-page suit.
Aetna’s alleged privacy breach affected customers in at least 25 states, according to the suit.
Ethan Slavin, an Aetna spokesperson, declined to comment about the suit. But Slavin issued this statement: “We sincerely apologize to those affected by a mailing issue that inadvertently exposed the personal health information of some Aetna members. This type of mistake is unacceptable, and we are undertaking a full review of our processes to ensure something like this never happens again. We’re in the process of fulfilling our regulatory obligations by notifying applicable state regulatory agencies and the Department of Health and Human Services, Office of Civil Rights.”
The plaintiff in the suit is a 52-year-old Bucks County man, identified under the pseudonym “Andrew Beckett.”
He was taking a medication to help prevent him from becoming HIV-positive. Aetna’s privacy breach “caused him to feel embarrassed and exposed. [Beckett] has suffered from increased stress and anxiety as a result of [Aetna’s] reckless conduct. The increased stress has exacerbated [Beckett’s] pre-existing medical conditions and altered his relationships with his family,” attorneys wrote in the suit.
They added: “Class members all across the country similarly had their private health information revealed, and have [suffered] — and will continue to suffer — the real consequences associated with these unauthorized disclosures that resulted directly from [Aetna’s] negligent and reckless actions.”
The suit contains seven counts against Aetna including violation of Pennsylvania’s HIV-privacy law; negligence; breach of contract; invasion of privacy; unfair trade practices; and unjust enrichment.
A jury trial has been requested.
Three law firms filed the lawsuit: AIDS Law Project of Pennsylvania, based in Philadelphia; Legal Action Center, based in New York City; and the Center City law firm of Berger & Montague.
“We filed this suit because it was important that we immediately put Aetna and anyone else holding sensitive information on notice that they have to protect it,” said Ronda B. Goldfein, executive director of the AIDS Law Project of Pennsylvania. “We also wanted to alert people that they can contact us to share their story with us. This is the kind of work the AIDS Law Project has been doing for almost 30 years. And we will continue doing it, as long as necessary.”
Goldfein said attorneys will seek permission from a federal judge to represent the entire class of people allegedly harmed by Aetna. As of presstime, a judge hadn’t been assigned to the case.