The breach involving the William Jennings Bryan Dorn, South Carolina. veterans’ hospital was reported in the media on September 8.
By September 11, a potential class action lawsuit had been filed. WISTV reports:
The Mike Kelly Law Group filed the suit in U.S. District Court siting [sic] Dorn and the Veteran’s Administration violated the U.S. Privacy Act.
Attorney Brad Hewett said they filed the lawsuit to send a message to the VA and to keep similar data breaches from happening again.
This isn’t the first time Dorn has reported missing patient records.
Read more on WISTV. You can find coverage of the 2013 Dorn breach on this blog by searching for “Dorn.”
But suing under the Privacy Act? After Speaker v. HHS, I would think that that approach is likely to fail.
Update: This appears to be the incident reported to HHS as affecting 3,637 patients. The incident date was given as July 17.