Douglas v. Dobbs
Country: United StatesYear: 2005
Court: 10th Circuit Court of Appeal
Citation: 419 F.3d 1097 (2005)
Health Topics: Health information
Human Rights: Right to privacy
The Appellant, Douglas, brought suit claiming that the Respondent, Dobbs, an Assistant District Attorney, violated her constitutional right to privacy by approving a police search of her pharmacy records. The search was initiated after a police sergeant learned from Douglas’ physician that he suspected Douglas was abusing prescription pain medication by forging prescriptions, running through …Read more
Glegg v Smith & Nephew Inc
Country: CanadaYear: 2005
Court: The Supreme Court of Canada
Citation: [2005] SCC 31
Health Topics: Disabilities, Health care and health services, Health information, Hospitals, Medicines, Mental health
Human Rights: Right of access to information, Right to due process/fair trial, Right to privacy
Glegg was injured in a bicycle accident and required surgical repair of fractured bones with metal implants. She alleged that following surgery, she experienced extremely painful allergic reactions to metal surgical implants manufactured by Smith & Nephew, causing her physical disability and depression. She sued her physicians and Smith & Nephew in tort. It was …Read more
Leonel v. American Airlines
Country: United StatesYear: 2005
Court: 9th Circuit Court of Appeal
Citation: 400 F.3d 702 (2005)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination
The Appellants, Leonel and others, were persons living with HIV. They applied for and were granted offers for flight attendant positions with American Airlines (American). Upon discovery of their HIV-positive status, American rescinded Appellants’ job offers, citing their failure to disclose information during their medical examinations. The Appellants had originally been given conditional offers of …Read more
Pehle v. Farm Bureau Life Insurance
Country: United StatesYear: 2005
Court: 10th Circuit Court of Appeal
Citation: 397 F.3d 897 (2005)
Health Topics: Health care and health services, Health information, HIV/AIDS, Infectious diseases, Medical malpractice
Gary and Renna Pehle (“Appellants”), husband and wife, applied for life insurance with the Farm Bureau Life Insurance Company (“Farm Bureau”) in Wyoming in 1999. As part of the application process, the Pehle’s submitted a blood test. The test was contracted to LabOne, an independent company located in Kansas. Both Appellants tested positive for Human …Read more
Case 2004-504
Country: FranceYear: 2004
Court: Conseil Constitutionnel (Constitutional Council)
Citation: Décision n° 2004-504
Health Topics: Health information, Health systems and financing
Human Rights: Right to health, Right to privacy
In this case a number of petitioners challenged the constitutional validity of an act reforming the public health insurance system. The impugned provisions were: Article 3 of the Act inserted articles which provide for establishment provides for the establishment of a system to promote coordination, quality and continuity of care and will allow for monitoring …Read more
J.A.O. v. Homepark Caterers LTD, et al.
Country: KenyaYear: 2004
Court: High Court at Nairobi
Citation: J.A.O v. Homepark Caterers LTD & 2 Ors., (2004) eKLR (Kenya).
Health Topics: Health care and health services, Health information, HIV/AIDS, Hospitals
Human Rights: Freedom from discrimination, Right to privacy
The Plaintiff, J.A.O., was a woman living with HIV. The Defendants were her employer (Homepark Caterers), her doctor and hospital. The Plaintiff claimed the doctor and hospital subjected her to an HIV test without her consent, in violation of her constitutional right to privacy. She further claimed that the doctor disclosed her HIV status to her employer without …Read more
Northwestern v. Ashcroft
Country: United StatesYear: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more
Udeni Renuka Gunwardena v. Dr. Gurugue L. Wimalasiri and others
Country: Sri LankaYear: 2004
Court: Supreme Court
Citation: S.C. (Special) No. 69/1999
Health Topics: Health care and health services, Health information, Hospitals, Sexual and reproductive health
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment
The Petitioner, the mother of twins who gave birth after a Caesarian operation, conceived for the second time after six years. The Respondent was the Consultant Visiting Obstetrician and Gynecologist of the Kandy General Hospital. She received antenatal care at Hikkaduwa and later went to her sister’s house in Kundasale. However before visiting her sister …Read more
Doe v. United States Postal Service
Country: United StatesYear: 2003
Court: District of Columbia Circuit Court of Appeals
Citation: 317 F.3d 339 (2003)
Health Topics: Disabilities, Health information, HIV/AIDS, Infectious diseases
Human Rights: Right to privacy
The Appellant, Doe, brought an action against his employer, the U.S. Postal Service, for the Postal Service’s disclosure of his HIV status in violation of both the Privacy Act and the Rehabilitation Act. Doe’s status was first revealed to Postal Service officials as part of a request for leave pursuant to the Family and Medical Leave …Read more
Guðmundsdóttir v. The State of Iceland
Country: IcelandYear: 2003
Court: Icelandic Supreme Court
Citation: No. 151/2003
Health Topics: Health care and health services, Health information, Health systems and financing
Human Rights: Right to privacy
The appellant, Guðmundsdóttir, wrote a letter to the Medical Director of Health, the respondent, requesting that health information in medical records of her deceased father should not be transferred to the Health Sector Database and asserted her right to do so. In particular, she did not want her father’s genealogical or genetic information to be …Read more