Posted on 08/25/2016 9:50:46 PM PDT by nickcarraway
Sir, you pontificate in your last sentence.
In ALL CAPS I asked a question. With all due respect, what’s “your” answer to the question?
LOL.........
............with some juries in some jurisdictions I agree that could happen.
The odds are high though that any such jury verdict would fail on appeal.
There’s 2 sets of damages:
1 - HIPAA was violated, his federally defined private information was made public.
2 - In part thanks to having his private data made public his contract situation with the Giants was made very complicated and his salary greatly reduced.
Damages happened, it’s a perfectly viable lawsuit.
Please cite the hipaa law that especially violated.
My answer is quite clear in my original post, the fact you cannot see it, further reinforces what appears to be your orwellian nature.
Maybe it would be overturned on appeal, but what exactly would be the basis of the appeal?
Someone notify the same lawyers who sued Gawker into bankruptcy.
...
Melania is keeping them busy right now.
.........courts routinely reduce what they perceive as “excessive” jury awards..................
lol, ok.............
I think your point # 2 might have some merit. I don’t know about the HIPAA statute insofar as whether or not it provides for a method/formula or process of calculating damages when violated.
Notwithstanding any of the foregoing, a competent court will demand to know IN DOLLARS how much he feels he is damaged. At some point, he will have to write a number on a piece of paper. At that point, the other sides attorneys will attack it from a hundred different directions.
Good comments though. Thanks.
My own opinion is roughly the same as another freeper who said something like “........jeez, it’s not as if the whole world didn’t already know he blew his finger off”. Accordingly, I don’t see how he was damaged.
Again, I hope he does when because I despise ESPN. It’s as liberal a media as there is.
HIPAA violations include a $50,000 fine.
Luckily for him he can present an exact figure. There was a contract offer from before he blew up his hand, and there’s the contract he’s under. And in the end there’s always punitive damages.
We did NOT already know he blew off his finger. There were RUMORS but until they got a hold of the medical they were just rumors not known facts. He obviously was damaged.
..........not trying to argue with you but you inadvertently bring up another potential “legal” road block for him. That road block is a little word called “causation’. In other words, did ESPN publishing the med records “cause” him to lose money on contract negotiations?
I think you have a good point on the fine. I did not know that but WHO would get the fine? Probably the government.
The fine shows that people violated the law with his records. That basically makes a suit a slam dunk win. He was wronged, there’s a paper trail that proves it, hand over the money.
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