Duke Helfand reports:
An applicant for Anthem Blue Cross insurance has sued the giant insurer over allegations that it failed to protect his confidential information from computer hackers who gained access to the company’s internal records earlier this year.
The lawsuit, filed by Patrick Magorien of Sacramento, stems from a security breach involving attorneys who were suing Anthem and gained access to private information of people who had applied for insurance.
Read more in the L.A. Times.
Is anyone else as dumbfounded as I am why these types of lawsuits continue to be filed when not one of them has succeeded? In this particular breach, another class action lawsuit was quickly dismissed by a federal judge. So what theory does this new lawsuit have that is likely to prevail?
Really, c’mon lawyers. The cards seem stacked against plaintiffs with a growing precedent of cases finding that if there is no unreimbursed financial harm or actual harm demonstrated — not speculative harm about the future — the case isn’t going anywhere. So why are you encouraging people to file these suits? If Mr. Magorien’s attorney is willing to talk to me, I’d like to know what state claim he thinks stands a chance in today’s climate.
Cross-posted from PHIprivacy.net