Class Action Filed Against BioPlus Pharmacy After Data Breach

A class action complaint was filed Wednesday by Wendy Bryan and Patricia White against BioPlus Specialty Pharmacy Services, LLC. The case is regarding an alleged breach of data protected by the Health Insurance Portability and Accountability Act (HIPAA).

Pharmacies collect information from customers in order to properly bill for services as well as properly dispense medications. The Health Insurance Portability and Accountability Act (HIPAA) protects patient information and imposes penalties for failure to take action to prevent the dissemination of this information.

The plaintiff accuses the defendants of discovering an unauthorized entry into its network that allowed an unauthorized person to access files that contained information such as names, addresses, dates of birth, and other personally identifiable information that is covered under HIPAA. The breach alleged in the complaint occurred in November 2021, but the notification was not sent to affected parties until December 10, 2021.

The plaintiffs accuse the defendant on failing to take reasonable steps to protect the information, failing to provide timely notice, and failing to provide sufficient details to the affected parties regarding the nature and extent of the unauthorized access.

The plaintiffs are suing for negligence, breach of contract, breach of implied contract, breach of fiduciary duty, violation of the Florida Deceptive and Unfair Trade Practices Act, violation of the New Jersey Consumer Fraud Act, violation of the Connecticut Unfair Trade Practices Act, and declaratory relief. The plaintiffs are represented by the Scott Hirsch Law Group PLLC, and Migliaccio  & Rathod LLP.