Lawsuits taking a different tack following healthcare data breaches

Jacob Hale Russell of Thomson Reuters reports that because data breach lawsuits generally get dismissed if plaintiffs cannot show financial harm, lawyers are shifting away from lawsuits based on privacy claims to lawsuits based on theories:

But plaintiffs’ lawyers of late have been switching tack: Rather than framing lawsuits stemming from data breaches as privacy claims, they are accusing hospitals and insurance companies of unjust enrichment and breach of contract. Also, more cases are being filed on behalf of classes of plaintiffs rather than individuals.

So far, only a dozen or so lawsuits along these lines have been filed, lawyers said, but both the plaintiffs and defense bars are watching carefully to see how they fare and whether the trickle could turn into a flood.

Read more on Thomson Reuters.

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