BECK v. McDONALD

No. 15-1395, No. 15-1715.

848 F.3d 262 (2017)

Richard G. BECK; Lakreshia R. Jeffery; Beverly Watson; Cheryl Gajadhar; Jeffery Willhite, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Robert A. McDONALD, in his official capacity as Secretary of Veterans Affairs; Timothy B. McMurry, in his official capacity as the former Medical Director of William Jennings Bryan Dorn VA Medical Center; Bernard L. Dekoning, in his official capacity as the Chief of Staff of William Jennings Bryan Dorn VA Medical Center; Ruth Mustard, RN, Director for Patient Care-Nursing Services of William Jennings Bryan Dorn VA Medical Center; Jon Zivony, Assistant Director of William Jennings Bryan Dorn VA Medical Center; David L. Omura, in his official capacity as the Associate Director of William Jennings Bryan Dorn VA Medical Center, Defendants-Appellees. Beverly Watson, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. Robert A. McDonald, in his official capacity as Secretary of Veterans Affairs; Timothy McMurry, in his official capacity as the Medical Director of William Jennings Bryan Dorn VA Medical Center; ruth mustard, RN, in her official capacity as the Associate Director for Patient Care/Nursing Services of William Jennings Bryan Dorn VA Medical Center; David L. Omura, in his official capacity as the Associate Director of William Jennings Bryan Dorn VA Medical Center; Jon Zivony, in his official capacity as the Assistant Director of William Jennings Bryan Dorn VA Medical Center; Sue Panfil, in her official capacity as the Privacy Officer of William Jennings Bryan Dorn VA Medical Center, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 6, 2017.


Attorney(s) appearing for the Case

ARGUED: Douglas J. Rosinski , Columbia, South Carolina, for Appellants. Sonia Katherine McNeil , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. ON BRIEF: D. Michael Kelly , Bradley D. Hewett , MIKE KELLY LAW GROUP, LLC, Columbia, South Carolina, for Appellants. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Mark B. Stern , Civil Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; William N. Nettles , United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Judge Diaz wrote the opinion, in which Judge Niemeyer and Judge Keeley joined.


The Plaintiffs in these consolidated appeals are veterans who received medical treatment and health care at the William Jennings Bryan Dorn Veterans Affairs Medical Center ("Dorn VAMC") in Columbia, South Carolina. After two data breaches at the Center compromised their personal information, the Plaintiffs brought separate actions...

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