Judge mostly dismisses healthcare data sharing lawsuit against Rush University Medical Center

A judge has almost entirely dismissed a lawsuit filed against Chicago-based Rush University Medical Center for allegedly sending patient information to tech companies. 

In an opinion filed March 3 in the U.S. District Court for the Northern District of Illinois, Judge Matthew Kennelly granted the health system's motion to dismiss everything aside from the Deceptive Trade Practices Act allegation. 

In arguing for dismissal, Rush said that it cannot be held liable for alleged data interception on the part of Facebook, Google or Bidtellect. 

Mr. Kennelly wrote that because Rush was the intended recipient of information, it can't be liable under the Wiretap Act. 

He also said the further complaints don't have enough evidence to support allegations that Rush disclosed its patients' "individually identifiable health information."

Plaintiffs Marguerite Kurowski and Brenda McClendon, both of Illinois, filed the proposed class-action complaint Sept. 30 in the U.S. District Court for Northern Illinois. 

The plaintiffs alleged that Rush violated privacy laws by transmitting personal and medical information from their MyChart patient portals to Facebook, Google and ad software firm Bidtellect.

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