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Lawyer: Affirmed $1.4M judgment against Walgreen sets HIPAA precedent

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Dave Stafford for www.theindianalawyer.com

A Marion County jury verdict affirmed Friday by the Indiana Court of Appeals upholds a $1.4 million verdict for a Walgreen pharmacy customer whose prescription information was provided to a third party and sets a national precedent, according to the lawyer who argued the case.

“This is the first published court decision in the nation in which a healthcare provider has been held liable for HIPAA (Health Insurance Portability and Accountability Act) violations committed by its employees,” plaintiffs attorney Neal Eggeson said of the COA decision in Walgreen Co. v. Abigail E. Hinchy, 49A02-1311-CT-950.

Abigail Hinchy’s prescription history was provided to her ex-boyfriend Davion Peterson, who had become involved in a relationship with Walgreen pharmacist Audra Winters. Winters denied disclosing Hinchy’s records to anyone but admitted she had accessed Hinchy’s records.

The trial court delivered a novel judgment the appeals panel reviewed during oral arguments last month. The appeals court let stand the verdict that found Walgreen liable for negligent supervision and retention, invasion of privacy and on the basis of respondeat superior.

In a 23-page opinion, Judge John Baker wrote for the panel that Withers “breached one of her most sacred duties by viewing the prescription records of a customer and divulging the information she learned from those records to the client’s ex-boyfriend. … We are loath to disturb jury verdicts and decline to do so in this case.”

Walgreen had appealed the jury verdict on four bases – that it was entitled to summary judgment or a directed verdict; that Hinchy’s counsel had engaged in improper ex parte communications by filing a brief under seal and failing to provide a copy to Walgreen; the jury was improperly instructed; and that the jury’s verdict was excessive. The court found no reversible error.

“By choosing to appeal, Walgreen has now created a precedent – one which may be used and relied upon by courts throughout the nation – confirming that privacy breach victims may hold employers accountable for the HIPAA violations of their employees,” Eggeson said in an email.

Attorneys representing Walgreen indicated they will seek an appeal.

UNANIMOUS FOR MURDER, A NOVEL

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Gavel Gamut

By Jim Redwine

UNANIMOUS FOR MURDER, A NOVEL

CHAPTER TEN

Judge Eagleson liked to work out alone on the heavy bag in his barn. He found he could assuage the cares of life with sweat, but he wanted to do so at his own pace. So when his new bailiff found out about the bag and asked if he could occasionally join the Judge, Eagleson felt ambiguous about it. He enjoyed the bright young Jack’s company, but he usually preferred his own. Plus, he had always tried to keep some distance between himself and his staff. He had found that casual proximity made management more difficult.

But Jack had divulged that he had been a Golden Gloves boxer, and more importantly to Eagleson, the powerfully built Jack was extremely handy with such things as tools and even a portable welding unit. There were always jobs to be done around the judge’s rural home. Jack offered to pitch in when needed in exchange for a free place to work out and the copious helpings of food Morgan enjoyed feeding to the appreciative young man.

Thanksgiving morning Jack and the Judge met at 7:00 a.m. in the barn and began their workout jumping rope and stretching. Eagleson had a long association with boxers and was impressed by Jack’s skill. He appeared to understand the sweet science better than one might expect from an amateur.

“Jack, I notice you punch in combinations I normally haven’t seen at the Golden Gloves level. You double your jab; you hold your elbows in to protect your body; you bob and weave instead of simply walking in or out. And when we spar, your left hook to my ribs feels more like a sledge hammer than an amateur’s weak reaching blow. I am glad my rule is no head shots. Where’d you get your training?”

“Thanks, Judge. I appreciate you letting me work out here. There’s really no other place I feel comfortable since I work for you. I didn’t mean that the way it came out. I mean we come into contact with almost everybody, and I know you want the court staff to maintain a certain distance from the public. Here in your barn I can relax, and I really like Mrs. Eagleson’s cooking.”

“She wants you to call her Morgan; she does not go for the Mrs. Judge thing. But you didn’t respond to the question asked. Who taught you to box?”

“I grew up in Evansville and graduated from Bosse High School before getting my degree from the University of Southern Indiana. But my great grandfather who’s passed now used to live in Tulsa, and I’d spend my summers with him in Oklahoma. My old maiden grand aunt who raised me would send me out to keep him company. He was quite a character and very old, or at least, it seemed that way to me. He told tall tales about cowboys and Indians and he claimed to remember the Tulsa race riots of the 1920’s. He couldn’t drive because he was almost blind, he claimed due to all the blows to his head from boxing, but he would get different women from his church to take us around Tulsa and up to the Osage Indian Nation and even down to the African American college at Langston, Oklahoma.

“That old man had more girl friends than Nat King Cole. There was always some doting woman willing to drive us around as long as Ajax sweet-talked them. That was his legal name, but I called him Gramps. He claimed he was a direct descendant of the original Ajax. And when I questioned how a black man could come from Greece he boxed me up side of my head and said, ‘Where do you think your name of Jack came from? You’re part of the same line.’ I found it safer to just keep my questions about his bona fides to myself.

“Gramps claimed he was born at Langston to Ajax and Jane Crider in 1890 and learned to bulldog steers from Bill Pickett at the 101 Ranch near Marland, Oklahoma during the ranch’s wild west shows. He did have a faded old clipping that he claimed showed a picture of him with Pickett in 1905. I nodded my head in respect, but couldn’t make out what it showed.

“Not only did Gramps claim to ride with Pickett, survive the Tulsa riots and run with outlaws in Indian Territory, he told me he learned to box from his father, Ajax, Sr., and the legendary Jack Johnson whom he met when he got a job helping set up the boxing ring for Johnson’s fight with James Jeffries on July 4, 1910 in Reno, Nevada. Gramps said he had to watch the fight from the roof of a downtown cathouse because black people, other than Johnson, weren’t allowed at the fight.

“Whether Johnson taught him or my great, great, grandfather, Ajax, Sr., that old man knew how to move and throw a punch even up into his nineties. He died in 1995 at a nursing home in Tulsa. But until he fell and broke his hip in 1990, he could still display the proper way to throw a punch. He always claimed his boxing skills saved his life several times during days of segregation in Oklahoma when Gramps’ fondness for willing white girls was a dangerous habit. On the other hand, Granddad was not above shining people, including me, on. So when he came up with all his exploits it might have been more of the Munchausen Syndrome than real.

“That’s probably a whole lot more than you were asking for, Judge, but that’s where I learned it, and it served me well boxing for Danny Thomas’s boxing gym in Evansville. Danny T. also worked with me quite a bit.”

“The man I’d like to have met is your Gramps. Do you have any written family history about him? A Bible or even a diary?”

“No, just a few faded old news stories, and you can’t make much of them; although, one is from Reno dated nineteen, it looks like ten, but you really can’t tell, and he has a letter or two from some women who supposedly ran a house of ill repute on the Osage Reservation about sixty miles from Tulsa. One of the letters mentions a place Gramps always called Dead Man Springs where the head of a black man was supposed to have been thrown after some problem with a white woman. Gramps had one of his church ladies drive us up there a few years before he died. It is a few miles north of the capital of the Osage Nation in Pawhuska, Oklahoma.”

“Now, Jack, you are just full of interesting mysteries. But for now, let’s see if you can avoid this old man’s jab. And don’t forget who has to approve your paycheck. Say, what’s that bandage on your forearm? I didn’t see it until you pushed up the sleeves of your sweatshirt.”

“Oh, I had a little run in with a table saw when I was building some bookshelves.Judge, if you’re ready to quit, I sure can. Do you think Mrs., Morgan, might have breakfast ready?”

“You’re on young man. It was very prudent of you to quit before I keeled over. Let’s grab a cup of coffee.”

As Eagleson pushed the button to open the overhead barn door, a police car suddenly appeared. The Prosecuting Attorney, Tom Rachels, Mt. Vernon Chief of Police, Arlis Hayes and Coroner, Jay Holder, got out.

Mr. Rachels said, “Judge, bad news, Audrey Kastle was murdered last night.”

Evansville man wanted on multiple counts of Child Molesting

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Evansville Police are looking for 20 year old KYLE BAKER. Baker has an active warrant for multiple counts of child molesting. There are two victims in this investigation, both under the age of 14.
Baker is a white male, 5’10”, 165lbs, brown hair, and hazel eyes.
Anyone with info on Baker is asked to call 911 or WeTip at 1-800-78-CRIME.

  1. Alert Photo

VCSO and ISP Arrest an Armed Wanted Felon after Vehicle Pursuit

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

Vanderburgh County Sheriff’s Deputies and Indiana State Police Troopers assigned to the U.S. Marshals Service Fugitive Task Force arrested an armed wanted felon Thursday night following a short pursuit.

Mr. Daniel Ray Uylaki was being sought on a felony warrant for Criminal Recklessness with a Firearm when he fled from the Evansville Police Department earlier in the day.  Around 10:00pm an ISP trooper assigned to the task force initiated a traffic stop of a silver 2001 Pontiac Grand Am that Mr. Uylaki was a passenger in. The vehicle fled from the entrance of Vann Park Apartments at high speed and then nearly collided with an oncoming vehicle. The driver, later identified as Julius Alfonzo Cabell, lost control of his vehicle and crashed into the Vann Avenue Baptist Church at Riverside Drive.

Mr. Cabell crawled out of the vehicle and discarded a small bag of methamphetamine before surrendering.  Mr. Uylaki then crawled out of the vehicle and surrendered.  A small quantity of methamphetamine was found on Mr. Uylaki. A search of the vehicle revealed a 9mm handgun.

Both Mr. Uylaki and Mr. Cabell were taken into cusody by the Sheriff’s Office and transported to the Vanderburgh County Confinement Center.

Arrested:

Daniel Ray Uylaki (pictured above), 23, of Evansville. Possession of a Firearm by a Felon as a Level 4 Felony, Possession of Methamphetamine as a Level 6 Felony, Felony Warrant – Criminal Reckless with a Firearm, Parole Violation Warrant

Julius Alfonzo Cabell (pictured above), 23, of Evansville. Criminal Recklessnesss as a Level 6 Felony, Handgun without a Permit as a Class A Misdemeanor, Possession of Methamphetamine as a Level 6 Felony, Resisting Law Enforcement as a Level 6 Felony.

 

IS IT TRUE November 14, 2014

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IS IT TRUE that Labor Unions are required to have audits performed concerning aspects of their operations … that the local Labor Unions promote that all jobs need to be done by local work force? …Labor Unions leadership also promotes that we should buy our goods and services locally?

IS IT TRUE that the Ford Center and Johnson Control projects labor needs were and are now supplied by local Labor Unions?… our Local Unions recently dismissed the hiring of local Auditors and now utilize the accounting services of an out of town Auditing firm? ….we hear that this Auditing firm is located in St. Louis, MO? …all we can say about this is “WOW”?

IS IT TRUE last night this writer had the privilege of becoming aquatinted with Mr. Forrest Lucas?…that last name should be familiar to Hoosiers as he was the founder and still serves as the President and CEO of Lucas Oil that named the billion dollar stadium in Indianapolis and employs hundreds of Hoosiers in Corydon?…he is a most interesting man who started out in life as a minimum wage worker and eventually became a truck driver?…that lead to starting a trucking company that became quite successful before Mr. Lucas sold that business to start making lubricants for trucks?…the rest is of course an American success story that resulted in Mr. Lucas’s business becoming an international conglomerate?…this is truly a man of the people who was born without privilege and rose to the top of most everything he has done?…one of his proudest achievements that he shared amusingly is “selling oil to the Arabs” which happened through innovation and running a good business?…we could use more people like Forrest Lucas?

IS IT TRUE the City County Observer is pleased to share with our readers that the response to our new website has been extremely positive and that our traffic has nearly recovered completely from the cyber attack on our business?…we thank each and every one of our readers and advertisers for their support and hope to continue to advocate for good public policy by exposing those who undermine or abuse good policy by good old boy self serving activities?…the best is yet to come?

IS IT TRUE this writer would like to take this opportunity to apologize for being a little late with today’s IS IT TRUE?…last night was a very special but long night that kept me away from a computer and out of town until well after midnight PST?…the occasion that kept me away was to accept the Spirit of Entrepreneurship Award for 2014 in the Supporter of Entrepreneurship Category for Southern California’s Inland Empire?…this is the 3rd time in the 12 year history of this award ceremony that a winner was named in this category?…that the last winner was Mike Napoli who is the founder of the Tech Coast Angels that is the largest Angel Investment group in the world?…it was Mr. Napoli who nominated me for this award for the work done at the Coachella Valley Innovation Hub to further entrepreneurship?

IS IT TRUE in such events the awardees often express thanks for God, family, friends, etc.?…the element that is often excluded that deserves praise and thanks for entrepreneurship is the miracle of modern governance known as the United States of America?…the founding fathers of this nation were wise is forming a republic that operates by the rule of law and defends life, liberty, and the pursuit of happiness for all?…in other parts of the world the freedoms we have that have enabled us to become a great country that was and still is a magnet for entrepreneurs is why last nights ceremony was held?…without the United States the building, the roads to it, the companies honored, and perhaps even the State of California would be dramatically different if not gone?…on this week in which our veterans were honored it is important not to forget just how well we have it because of the collective efforts of our founding fathers to overthrow King George and establish a free republic that somehow survives in spite of what or who tries to tear in down?…the Spirit of Entrepreneurship is truly the Spirit of the United States?

The American Public Gets Smart

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Making Sense by Michael Reagan

So Jonathan Gruber thinks the American people are stupid, does he?
Gruber is a complete nobody to most Americans, but his face should be on a Most Wanted poster in every Post Office.

He was one of the chief architects and cheerleaders for ObamaCare, aka the fraudulent Affordable Care Act that Republicans should be working overtime right now to repeal, not fix or reform.  Gruber exploded into the news cycle this week because of some things he said publicly last year about how Democrats were able to slip ObamaCare past the trusting citizenry.

In appearances in Philadelphia and St. Louis in 2013, Gruber was caught on video admitting ObamaCare passed because its architects deliberately made its funding mechanism confusing and took advantage of the “stupid” American public.  Gruber openly — and shamelessly — described the methods he and the administration’s co-conspirators in Congress used.

“This bill was written in a tortured way to make sure CBO did not score the mandate as taxes,” he admitted.
“Lack of transparency is a huge political advantage. And basically, call it the ‘stupidity of the American voter’ or whatever, but basically that was really, really critical to getting the thing to pass.”
Of course, this is exactly what conservatives have been charging for years — that ObamaCare was a liberal Big Government con game.

Gruber tried to get off the hook, claiming his comments were “off the cuff.” But as he was appearing on MSNBC to apologize for his foolish honesty, a second video surfaced from 2013 in which he also called the public stupid.

Now on one point, I’ll agree with Gruber.  The American public — or at least a majority of American voters — was real stupid in 2008 and especially in 2012 when it put Obama in charge of the world’s most important country for eight years.

But the public can’t be blamed for ObamaCare, which was all false promises and lies.
Thanks to the deceit of Democrats in Washington and the soft coverage of the Obama health plan by the friendly liberal media, ObamaCare became law before anyone knew what was really in it or what it would really cost.

But once the American public was presented with the bill for ObamaCare, they weren’t so “stupid” anymore.
As they began to understand how awful Obama’s healthcare reform was, and how badly they were lied to, they got pretty smart real fast.

They began throwing out the Democrat bums in the House and Senate who passed ObamaCare. Last Tuesday’s election results were proof that Americans aren’t as stupid as the liberals who lie to them think.
When they get the truth from their government and the media, Americans show they’re a lot brighter than dishonest technocrats like Gruber.  Now it’s up to Republicans to provide the kind of leadership the country needs to recover from the Obama Recession.

The GOP has less than two years to prove to the American people it’s qualified and deserving of taking control of Washington.  It better get its internal act together, unclog the Reid law-jam in the Senate and rise to the challenge — starting yesterday.  If Republicans do it right, the American people will show how smart they really are by putting a conservative in the White House in 2016.

Copyright ©2014 Michael Reagan. Michael Reagan is the son of President Ronald Reagan, a political consultant, and the author of “The New Reagan Revolution” (St. Martin’s Press). He is the founder of the email service reagan.com and president of The Reagan Legacy Foundation. Visit his websites at www.reagan.com and www.michaelereagan.com.

Vanderburgh County Recent Booking Report

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

http://www.vanderburghsheriff.com/jail-recent-booking-records.aspx

EPD Activity Report November 14, 2014

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.

EPD Activity Report

Bargain book sale to benefit Library is this weekend

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The Friends, a committee of the Evansville Vanderburgh Public Library Foundation, will hold a smaller version of their popular annual book sale this weekend in the Browning Events Room of Central Library at 200 SE Martin Luther King, Jr. Blvd.

Sale hours are Saturday, November 15 from 9:00 am to 4:00 pm and Sunday, November 16 from 1:00 to 4:00 pm.

Hundreds of fiction and nonfiction books, as well as DVDs and audiobooks, will be for sale. Most items are priced less than $2. Admission is free, and cash and checks will be accepted. Bring bags or boxes to carry your purchases.

Proceeds from book sales help fund Evansville Vanderburgh Public Library programs and projects.

For more information, call (812) 428-8200.

VANDERBURGH COUNTY FELONY CHARGES

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SPONSORED BY DEFENSE ATTORNEY IVAN ARNAEZ.
DON’T GO TO COURT ALONE. CALL IVAN ARNAEZ @ 812-424-6671.
Below is a list of felony cases that were filed by the Vanderburgh County Prosecutor’s Office on Wednesday, November 12, 2014

Trey Berkley              Unlawful Possession of Syringe-Level 6 Felony

Karen Boerner                Dealing in a Synthetic Drug or Synthetic Drug Lookalike Substance-Level 6 Felony
Daverin Futrell             Operating a Vehicle with an ACE of .15 or More-Level 6 Felony

Crystal Hendricks         Conspiracy to Commit Battery by Means of a Deadly Weapon-Level 5 Felony
Carrying a Handgun without a License-Class A Misdemeanor

Rodney Kessler              Carrying a Handgun without a License-Level 5 Felony
Conspiracy to Commit Battery by Means of a Deadly Weapon-Level 5 Felony
Intimidation-Level 5 Felony

Reginald McNary       Theft-Level 6 Felony

Gary Wilson             Possession of Methamphetamine-Level 6 Felony
Maintaining a Common Nuisance-Level 6 Felony

Lovlie Jones                 Attempted Escape-Level 5 Felony
Resisting Law Enforcement-Level 6 Felony
Resisting Law Enforcement-Class A Misdemeanors (Two Counts)
Failure to Stop after Accident Resulting in Damage to Unattended Vehicle-
Class B Misdemeanor
False Informing-Class B Misdemeanor
Failure to Stop after Accident Resulting in Damage to Attended Vehicle-Class C Misdemeanor

For further information on the cases listed above, or any pending case, please contact Kyle Phernetton at 812.435.5688 or via e-mail at kphernetton@vanderburghgov.org

Under Indiana law, all criminal defendants are presumed to be innocent until proven guilty by a court of law.