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-   -   ?Patient Zero? Files Suit Against Calif. (https://gfy.com/showthread.php?t=917131)

Barefootsies 07-21-2009 11:10 AM
?Patient Zero? Files Suit Against Calif.
 
Quote:
ALAMEDA, Calif. ? Adult performer ?Patient Zero? is seeking an injunction against Cal-OSHA and the AIM Healthcare Foundation over the release of information that ?the clinic is prohibited by law to provide and the state agency is not authorized by law to compel,? according to a suit filed by ACLU attorneys.

The suit over Patient Zero information was put on the fast track after her counsel from the ACLU learned of a meeting slated last week between Cal-OSHA officials and AIM personnel.

The court filing details the extent Cal-OSHA used its regulatory power to obtain patient medical records at AIM, which provides HIV and STD testing and treatment mostly for adult industry performers.

Cal-OSHA, which conducted a surprise inspection of the AIM facility in Sherman Oaks, Calif., on June 17, later issued a subpoena to AIM but not to Patient Zero, who was informed by AIM on June 6 that results of an HIV test showed her preliminarily testing positive for HIV. (Patient Zero?s identity has never been revealed publicly.)

The subpoena issued by Cal-OSHA includes requests for confidential public health records and ?personally identifying information of AIM patents who tested positive for HIV that could reasonably be expected to identify or lead to the identification of Patient Zero.?

At the time, AIM personnel refused to produce records.

But Cal-OSHA officials scheduled a follow-up investigatory interview for last Thursday with AIM staff in Oakland, Calif., according to the suit.

Once Patient Zero?s attorneys got wind of last week?s interview with AIM staff, they immediately shot off a request to Cal-OSHA objecting to it based on prior requests for information, the subpoena issued by Cal-OSHA to AIM and publicly reported statements seeking patient records.

Patient Zero?s counsel said they never received any response from Cal-OSHA relative to the request; however a receipt of the letter showed that Cal-OSHA special counsel did receive the letter.

ACLU attorneys in the suit filed at Alameda Superior Court said that, unless enjoined by the court, Cal-OSHA and AIM, if compelled by state regulators, will violate Patient Zero?s right to privacy and give irreparable harm to Patient Zero.

At post time, AIM spokeswoman Brooke Hunter told XBIZ ?the organization is not at liberty to talk [about the suit].?
http://www.xbiz.com/news/110784

JustDaveXxx 07-21-2009 11:16 AM
HAHAHAHAHA!! Cal OSHA fucked up and are getting called out!!! Dr. patient confidentiality is real and Cal OSHA is gonna find out.lol

Fletch XXX 07-21-2009 11:23 AM
and everyone on GFY was like "post her name now!" lols

epitome 07-21-2009 11:36 AM
At least she went after a big target.

Too bad the state is practically bankrupt. :disgust

DWB 07-21-2009 11:45 AM
Quote:
Originally Posted by Fletch XXX (Post 16090145)
and everyone on GFY was like "post her name now!" lols
Not that I care since I don't work in Cali, but if I did, I would want to know who it is and who else was exposed to her. It's only fair. Talent should sign away the right to privacy should the test positive for anything, and I thought they did but I guess I was wrong.

Professional athletes test for steroids and the results are made public. Porn actors tests should also be made public. It is a health hazard otherwise. :2 cents:

Fletch XXX 07-21-2009 11:49 AM
Quote:
Originally Posted by DirtyWhiteBoy (Post 16090283)
Talent should sign away the right to privacy should the test positive for anything, and I thought they did but I guess I was wrong.
Why should they lose privacy rights for testing positive for some STD?

At that point they are no longer allowed to work, so it really should have zero to do with you as talent in Cali, considering once you test pos you shouldnt be working anymore anyway. And those who do cast talent and do not check PCRDNA tests are to blame. So many companies dont even bother checking tests, and thats how bad things happen...

patient privacy trumps your wish to know. What is between her doctor and her is private... now, should she be working? No, but that has nothing to do with privacy.

seeandsee 07-21-2009 11:54 AM
fucked situation

pornlaw 07-21-2009 12:14 PM
This lawsuit is just seeking an injunction. Patient Zero is trying to prevent the disclosure of her name and information. It really isnt for damages. AIM has not revealed her name or info as of the date of filing the info.

As for her chances of success, I can see some strong policy arguments for Cal-OSHA that may require the information to be disclosed. However, it may be in a sealed court document.

V_RocKs 07-21-2009 12:24 PM
Eventually America will fall just like Rome...

tony286 07-21-2009 12:28 PM
Quote:
Originally Posted by Fletch XXX (Post 16090311)
Why should they lose privacy rights for testing positive for some STD?

At that point they are no longer allowed to work, so it really should have zero to do with you as talent in Cali, considering once you test pos you shouldnt be working anymore anyway. And those who do cast talent and do not check PCRDNA tests are to blame. So many companies dont even bother checking tests, and thats how bad things happen...

patient privacy trumps your wish to know. What is between her doctor and her is private... now, should she be working? No, but that has nothing to do with privacy.
When you take an aim test you sign away that right. That's the point of aim to protect the industry. Also say she doesn't shoot for a big producer but does a scene for some small site that doesnt check with aim. getting the word out protects everyone and I agree with DWB it should be made public.


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