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.

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

  • Gujarat ATS arrests 18-year-old for cyberattacks during Operation Sindoor
  • Hackers Nab 15 Years of UK Legal Aid Applicant Data
  • Supplier to major UK supermarkets Aldi, Tesco & Sainsbury’s hit by cyber attack with ransom demand
  • UK: Post Office to compensate hundreds of data leak victims
  • How the Signal Knockoff App TeleMessage Got Hacked in 20 Minutes
  • Cocospy stalkerware apps go offline after data breach
  • Ex-NSA bad-guy hunter listened to Scattered Spider’s fake help-desk calls: ‘Those guys are good’
  • Former Sussex Police officer facing trial for rape charged with 18 further offences relating to computer misuse
  • Beach mansion, Benz and Bitcoin worth $4.5m seized from League of Legends hacker Shane Stephen Duffy
  • Fresno County fell victim to $1.6M phishing scam in 2020. One suspected has been arrested, another has been indicted.

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

  • Telegram Gave Authorities Data on More than 20,000 Users
  • Police secretly monitored New Orleans with facial recognition cameras
  • Cocospy stalkerware apps go offline after data breach
  • Drugmaker Regeneron to acquire 23andMe out of bankruptcy
  • Massachusetts Senate Committee Approves Robust Comprehensive Privacy Law
  • Montana Becomes First State to Close the Law Enforcement Data Broker Loophole
  • Privacy enforcement under Andrew Ferguson’s FTC

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.