Massachusetts plaintiffs in more than a dozen lawsuits over hospital and health-care system website technology are pivoting to federal and state privacy laws to keep their cases alive after a state Supreme Judicial Court ruling cast doubt on their wiretap claims.
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Philip Yannella, a partner at Blank Rome LLP who represents companies facing privacy litigation, said plaintiffs in other courts have generally been more successful alleging tracking technology is “running in private areas where there’s private communication with doctors” as opposed to alleging a public website is collecting patients’ scrolling activity.
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"Massachusetts Plaintiffs Pivot to Save Health Site Privacy Suits," by Allie Reed and Cassandre Coyer was published in Bloomberg Law on January 30, 2025.