Judge dismisses Rite-Aid HIV drug disclosure case

By : Wire Report
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Dover, Del. (AP) – A Delaware judge ruled against Rite Aid in a lawsuit filed by a man whose father learned he had HIV after visiting a pharmacy.

Michael Spence sued the retailer for negligence and invasion of privacy after his father went to pick up a prescription for his mother and was told by a clerk that Michael, who had not told his parents he was HIV-positive, had two prescriptions available.

The father researched the drugs and learned they were HIV medicines.

Rite Aid filed a third-party complaint against Spence’s father, claiming he could be held partly liable for his son’s claims of invasion of privacy and emotional distress.

The judge dismissed Rite Aid’s complaint last week, saying the father could not be held liable for expressing concern about his son’s health.

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