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AIDS Healthcare Suit Against Adult Industry Medical Healthcare Foundation Over Medical Privacy
Claims all performers are damaged by AIM testing procedures and disclosure
By: William Lopez, Staff Writer - 06-28-10 - 4:39 p.m.PDT
Email William@JRLChartsonline.com
Adult film actresses Desi and Elli Foxx along with the AIDS Healthcare Foundation, are filing suit in Superior Court of California, County of Los Angeles today Monday June 28th (Case # TBA) for alledged claims of unfair and deceptive business practices, violations of civil code and unlawful public disclosure of private health information against Adult Industry Medical Healthcare Foundation (AIM).
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The lawsuit also seeks class action status to include claims by other current and former adult film actors whose health information may have also routinely—and illegally—been released by AIM to film producers working in the adult industry.
The lawsuit is being supported by AIDS Healthcare Foundation (AHF), which has separately been championing safety reforms in the adult film industry including efforts to require the use of condoms in all adult film productions. Tom Myers and Brian Chase, two AHF attorneys working pro bono to represent the two former adult stars prepared the lawsuit and arranged its filing.
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The lawsuit, alleges, “AIM violates the privacy rights of performers in the adult film industry by allowing the producers of adult films online access to workers’ health care information without the individual consents and releases required by federal and California law. AIM knowingly and intentionally provides this private information to producers of adult films in order to facilitate the production of adult films.”
The legal action also asserts, “AIM further jeopardizes the health and well-being of performers in the adult film industry by discouraging the use of condoms and other safer-sex practices known to prevent and dramatically reduce the spread of STDs,” and “The actions of AIM violate Grandmason’s and Garren’s rights to privacy, the rights of individuals similarly situated to Plaintiffs, and further constitute an unfair and deceptive trade practice under California law.”
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“While working in California’s adult film industry, both Bess and I were repeatedly tested for sexually transmitted diseases at AIM’s clinic,’ said lead Plaintiff Diana Grandmason. “I was tested for HIV, chlamydia and gonorrhea at AIM on nine occasions in 2008 and 2009, while Bess was tested for the same diseases on ten occasions in 2008 and 2009.
We each had to sign sweeping release-of-information forms and pay AIM for this testing. AIM then made our medical test results available online to adult film producers and anyone else with a user name and password for AIM’s database—something we understand is illegal under state and federal law.
Despite the fact that we have each been out of the industry for more than a year, it is our understanding that our private health data still remains freely—and illegally—available online at AIM’s database. With this lawsuit, we hope to stop AIM from violating our and other patients’ legal rights.”“In exchange for its monopoly position as the sole provider of sexually transmitted disease testing within the adult film industry.
AIM provides the producers of adult films with unfettered online access to confidential health records of AIM’s patients, and publicly defends the adult film industry’s refusal to adequately protect performers from the spread of STDs,” said Brian Chase, one of the pro bono attorneys working on the case.
“AIM also steadfastly opposes any efforts to require the use of condoms in the production of adult films, wrongly insisting that its monthly testing for a limited number of STDs is sufficient protection for performers.
We believe that AIM is in clear violation of federal and state law, and that its actions and ongoing business practices repeatedly place thousands of people like Ms. Grandmason and Ms. Garren at risk of disease and death.”
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Grandmason and Garren’s lawsuit asserts that they, and an untold other number of current and former AIM clients who sought—and paid for—STD and HIV testing services at AIM’s clinic in order to work in the adult film industry, had their civil and health privacy rights violated. The lawsuit alleges three causes of action including:
•First Cause Action: “AIM’s disclosure of medical information regarding the Plaintiff’s and the Class constitutes a violation of Civil Code §§ 56 et seq.”
•Second Cause Action: “…AIM has disclosed Plaintiffs’ sexually transmitted disease test results, in violation of state and federal law,” and
•Third Cause Action: (in three distinct areas)
◦AIM’s ongoing disclosure of sensitive medical information constitutes an unfair, fraudulent and deceptive trade practice under Cal. Bus. & Prof. Code § 17200. ◦AIM’s requirement that adult film performers sign the AIM Release, illegally authorizing the dissemination of private medical information and purporting to indemnify AIM for any damages caused by the release of that data, constitutes an unfair, fraudulent and deceptive trade practice under Cal. Bus. & Prof. Code § 17200. ◦AIM’s collusion with the producers of adult films to create a monopoly in the provision of sexually transmitted disease testing for performers constitutes an unfair and deceptive trade practice under Cal. Bus. & Prof. Code § 17200.
“We are grateful for the support of AHF in our efforts and for the pro bono legal work being done on our behalf,” added Grandmason. “We also ask the court to seriously consider certifying this case as a class action on behalf of all those people whose health and privacy rights may have been repeatedly violated by AIM’s deceptive and illegal practices.”
AIDS Healthcare Foundation (AHF) is the largest global AIDS organization. AHF currently provides medical care and/or services to more than 137,000 individuals in 23 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia Pacific Region and Eastern Europe. www.aidshealth.org.
