PAUL v. PROVIDENCE HEALTH SYSTEM-OREGON

(CC 060101059; CA A137930; SC S059131).

273 P.3d 106 (2012)

351 Or. 587

Laurie PAUL, Plaintiff, and Russell Gibson and William Weiller, DDS, individually and on behalf of all similarly-situated individuals, Petitioners on Review, v. PROVIDENCE HEALTH SYSTEM-OREGON, an Oregon corporation, Respondent on Review.

Supreme Court of Oregon.

Decided February 24, 2012.


Attorney(s) appearing for the Case

Maureen Leonard , Portland, argued the cause and filed the brief for petitioners on review.

Gregory A. Chaimov , Davis Wright Tremaine LLP, Portland, argued the cause and filed the brief for respondent on review. With him on the brief was John F. McGrory .

Before DE MUNIZ, Chief Justice, and DURHAM, BALMER, WALTERS, LINDER, and LANDAU, Justices.


BALMER, J.

The issue in this case is whether a healthcare provider can be liable in damages when the provider's negligence permitted the theft of its patients' personal information, but the information was never used or viewed by the thief or any other person. Plaintiffs claimed economic and noneconomic damages for financial injury and emotional distress that they allegedly suffered when, through defendant's alleged negligence, computer disks and tapes containing...

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