Telehealth service provider MDLIVE has resolved of a meritless privacy class action lawsuit filed against the company on April 18, 2017. Less than two months later, on June 2, 2017, the plaintiff voluntarily dismissed the suit in response to arguments by MDLIVE that the suit lacked any legal or factual basis. No settlement payment or any other consideration was paid by, or on behalf of, MDLIVE or its management in connection with the lawsuit’s dismissal.
As a reminder, the suit was filed by Joan Richards, an MDLive user, who was hoping to get up to $5 million in damages. He alleged that MDLive took an average of 60 screenshots during the first 15 minutes patients use its app, during which they are prompted to enter their health information. These screenshots, Joan claimed, were then sent to a third-party tech company — Tel Aviv, Israel-based TestFairy, without notifying patients. The suit also alleged patients’ information is accessible to certain MDLive employees via an unrestricted database.
So nothing from that is truth, and MDLIVE has consistently maintained that patient information is safe and no HIPAA breach occurred. “Privacy and patient confidentiality are at the heart of everything we do, and MDLIVE will continue to rigorously review and evolve our technology and processes to safeguard member information and build trust in the telehealth industry,” Scott Decker, CEO of MDLIVE, said in a statement. “We are thrilled this lawsuit was appropriately dismissed as we continue pursuing MDLIVE’s goal of enabling 24/7/365 access to affordable virtual healthcare for consumers, employers, health plans and health systems across the US.”