DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

No Section 230 immunity for healthcare software provider

Posted on June 25, 2014 by Dissent

Evan Brown discusses an interesting court case, Hardin v. PDX, Inc.,:

Cases dealing with the Communications Decency Act often involve websites. See, for example, the recent decision from the Sixth Circuit involving thedirty.com, and earlier cases about Roommates.com and Amazon. But this case considered a sort of unique suggested application of Section 230 immunity. The question was whether a provider of software that facilitated the delivery of prescription monographs (including warning information) could claim immunity. It’s unusual for Section 230 to show up in a products liability/personal injury action, but that is how it happened here.

Plaintiff suffered blindness and other injuries allegedly from taking medication she says she would not have taken had it been accompanied with certain warnings. She sued several defendants, including a software company that provided the technology whereby warnings drafted by third parties were provided to pharmacy retailers.

Defendant software company moved to dismiss on several grounds, including immunity under the Communications Decency Act, 47 U.S.C. 230. The trial court denied the motion to dismiss and defendant sought review. On appeal, the court affirmed the denial of the motion to dismiss, holding that Section 230 immunity did not apply.

At the request of the retailer that sold plaintiff her medicine, defendant software company modified its software to provide only abbreviated product warnings. Plaintiff’s claims against defendant arose from that modification.

Read more on InternetCases.

No related posts.

Category: Uncategorized

Post navigation

← Ca: Surrey school district accidentally emails out student information
MI: ID thieves hack into Grand Avenue parking ramp system in Lansing →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Air Force Employee Pleads Guilty to Conspiracy to Disclose Unlawfully Classified National Defense Information
  • UK police arrest four in connection with M&S, Co-op and Harrods cyberattacks (1)
  • At U.S. request, France jails Russian basketball player Daniil Kasatkin on suspicion of ransomware conspiracy
  • Avantic Medical Lab hacked; patient data leaked by Everest Group
  • Integrated Oncology Network victim of phishing attack; multiple locations affected (2)
  • HHS’ Office for Civil Rights Settles HIPAA Privacy and Security Rule Investigation with Deer Oaks Behavioral Health for $225k and a Corrective Action Plan
  • HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations
  • Credit reports among personal data of 190,000 breached, put for sale on Dark Web; IT vendor fined
  • Five youths arrested on suspicion of phishing
  • Russia Jailed Hacker Who Worked for Ukrainian Intelligence to Launch Cyberattacks on Critical Infrastructure

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • How to Build on Washington’s “My Health, My Data” Act
  • Department of Justice Subpoenas Doctors and Clinics Involved in Performing Transgender Medical Procedures on Children
  • Google Settles Privacy Class Action Over Period Tracking App
  • ICE Is Searching a Massive Insurance and Medical Bill Database to Find Deportation Targets
  • Franklin, Tennessee Resident Sentenced to 30 Months in Federal Prison on Multiple Cyber Stalking Charges
  • On July 7, Gemini AI will access your WhatsApp and more. Learn how to disable it on Android.
  • German court awards Facebook user €5,000 for data protection violations

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.