Byrne v. Avery Center for Obstetrics and Gynecology, P.C.

The Avery Center for Obstetrics and Gynecology (Avery) (defendant) provided Emily Byrne (plaintiff) with medical care and treatment. Avery provided all patients, including Byrne, with notice of its privacy policy regarding protected health information. Avery agreed, based on this policy and on law, that it would not disclose Byrne’s health information without her authorization. Byrne was in a relationship with Andro Mendoza. Byrne instructed Avery not to release her medical records to Mendoza. Mendoza filed a paternity suit against Byrne. Avery received a subpoena requesting Byrne’s medical records. Avery did not alert Byrne of the subpoena. Avery mailed a copy of Byrne’s medical file to the court. Mendoza informed Byrne that he reviewed her medical record in the court file. Byrne then filed a motion to seal her medical record, which was granted. Byrne brought action against Avery, arguing, among other issues, that Avery acted negligently by failing to use proper care in protecting her medical records and that Avery engaged in conduct constituting negligent infliction of emotional distress. Both of these claims were brought under state law. Avery argued that the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA) preempted any action dealing with confidentiality of medical information. The trial court agreed with Avery and also held that HIPPA does not create a private right of action. Byrne appealed, arguing that common-law negligence actions may complement rather than obstruct HIPPA for preemption purposes. The Supreme Court of Connecticut heard the appeal.