The Smith Law Firm, LLC, files invasion of privacy and negligence class action against BJC and Washington University

On Wednesday, Neil Smith of The Smith Law Firm, LLC, filed a class action lawsuit on behalf of named plaintiff Rita Barricks against Barnes-Jewish Hospital and Washington University.  Barricks was a patient at The Siteman Cancer Center at Barnes-Jewish Hospital (a joint venture between BJC and Washington University) in 2010 and 2011.  During the course of her treatment, and as a condition of treatment, Barricks provided the defendants with sensitive information, including her medical information, social security number, insurance information, and employment information.  The defendants stored this information, along with other sensitive information accumulated during the course of her treatment, on what was believed to be an unencrypted laptop.  The laptop also contained the same type of information belonging to other patients.  During the weekend of December 4, 2010, the laptop was taken by a thief and never recovered.  The defendants learned of the theft on or about December 4, but waited nearly two months to notify their patients by mail.  During this two-month period, Barricks experienced at least three instances of identity theft.  The lawsuit alleges the theories of negligence, negligence per se, invasion of privacy, breach of implied contract, unjust enrichment, unfair/deceptive merchandising practices, and breach of fiduciary duty.  For further information, please see Rita Barricks v. Barnes-Jewish Hospital, et al., 1122-CC08701 (Circuit Court of St. Louis, Missouri).  If you have questions regarding this case or any other laptop theft or data breach, please contact our office.