BakerHostetler Secures Victory for Prisma Health in Privacy Class Action

The BakerHostetler team of Partners John Hutchins and Paul Karlsgodt and Associate Georgia Bennett secured a victory for client Prisma Health by helping defeat a class action that included claims of invasion of privacy, breach of implied contract, unjust enrichment, breach of fiduciary duty, breach of confidence, negligence and violation of the Electronic Communications Privacy Act in the case Andrews v. Prisma Health, D.S.C., No. 6:23-cv-03153, 8/16/24.

Judge Jacquelyn D. Austin, U.S. District Court for the District of South Carolina, dismissed the lawsuit, stating that it lacked allegations showing that the plaintiff suffered injury from the breach. She cited Fourth Circuit precedent, which says the mere theft or disclosure of personal information is not enough to satisfy the injury-in-fact requirement for standing without allegations that the information was misused.

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