Class action suit filed over unauthorized access to AIDS Drug Assistance Program enrollment portal

By Noddy A. Fernandez | Jan 25, 2019

FRESNO – An individual has filed a suit against a private contractor previously responsible for the administration of the AIDS Drug Assistance Program over allegations his private health information was improperly accessed.

John Doe, individually and on behalf of all others similarly situated, filed a complaint on Sept. 11 in the Fresno County Superior Court against A.J. Boggs & Co. and Does 1-100 over alleged violation of the Confidentiality of Medical Information Act.

According to the complaint, the plaintiff is enrolled in the AIDS Drug Assistance Program to help manage the cost of his HIV treatment. The suit states the defendant was responsible for administering California's ADAP enrollment services from April 2016 to March 2017.

The suit states a security vulnerability in the enrollment portal was exploited in August 2016 and the plaintiff received a letter in April 2017 stating that his private health information was improperly accessed by at least one unauthorized entity.

The plaintiff holds A.J. Boggs & Co. responsible because the defendant allegedly failed to obtain the written consent of plaintiff and the class before publishing their medical information on its ADAP enrollment internet portal, accessible to anyone without the need for decryption or entry of a password.

The plaintiff requests a trial by jury and seeks judgment for damages, attorneys' fees, costs of suit, prejudgment interest, and such further relief as the court deems necessary, just and proper. He is represented by Patrick N. Keegan of Keegan & Baker LLP in Carlsbad.

Fresno County Superior Court case number 18CECG03378

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Fresno County Superior Court Keegan & Baker, LLP

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