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Allegheny County man claims in lawsuit that Rite Aid employee publicly revealed HIV status

Richard Drew

Allegheny County man claims in lawsuit that Rite Aid employee publicly revealed HIV status

An Allegheny County man has sued Rite Aid and a former store pharmacist, claiming that an employee at a Pittsburgh location loudly announced in front of other people that the man had HIV.

The plaintiff, identified as John Doe in the complaint filed Wednesday in Allegheny County Common Pleas Court, is suing for invasion of privacy and negligence following the incident Nov. 27, 2017 at the Rite Aid at 2270 Noblestown Road in the city’s Westwood neighborhood.

The defendants are Rite Aid and the pharmacist, who is accused of being negligent in properly training the employee to understand that a patient’s medical information is to be kept confidential.

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A Rite Aid spokesman said the company does not comment on pending litigation. An employee at the Noblestown Road store said the pharmacist, identified as Heather Henschel, no longer works there. 

Ms. Henschel could not be reached for comment. A LinkedIn profile for a person by the same name in the Pittsburgh area lists her as having been a Rite Aid pharmacy manager during the time of the incident.

According to the lawsuit, filed by attorney Brad Sommer, the plaintiff, who was in a vehicle, went to pick up his prescription that day at a drive-thru window and was told by an employee that he had a $3 co-pay.

"When the plaintiff inquired as to basis for the co-pay, the Rite Aid employee, who was not identified in the lawsuit, loudly and publicly announced, 'This is the drug for your HIV,’ ” the complaint said.

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The pronouncement, the lawsuit continued, revealed the plaintiff's HIV status to his brother, who overheard the conversation through a Bluetooth system in the plaintiff's vehicle.

In addition, the complaint alleges that various customers within earshot of the pharmacy also were made aware of his HIV-positive status.

The plaintiff claims that the situation has caused him severe mental anguish, including paranoia and a depressed and anxious mood.

The lawsuit cites the federal Health Insurance Portability and Accountability Act of 1996, which is supposed to protect a person's private medical information from dissemination. 

It also notes that Pennsylvania law also requires confidentiality for pharmaceutical services.

"The publicity drawn to the plaintiff's medical condition is highly offensive to any reasonable person," the lawsuit said.

Paula Reed Ward: pward@post-gazette.com, 412-263-2620 or on Twitter @PaulaReedWard.

Editor’s note: This story was updated Oct. 26, 2018 to add a comment from Rite Aid.

First Published: October 25, 2018, 10:50 p.m.

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