July 22, 2009

HIV-Positive Porn Actress Sues California Health Officials for Privacy Violations

An HIV-positive porn actress is suing the California Occupational Safety and Health Administration (Cal/OSHA) and the Adult Industry Medical Healthcare Foundation (AIM) for reportedly violating her rights to privacy, Courthouse News Service reports.

The actress, who filed the complaint under the name “Patient Zero,” tested HIV positive in June, prompting speculation that the porn industry was not taking necessary measures to protect its performers from HIV and other sexually transmitted infections.

The woman claimed that after AIM initially denied Cal/OSHA access to her medical information, officials from the administration met with the medical facility’s staff to get the records. Additionally, she said that her name and personal information were mentioned in some news reports.

She is demanding damages for civil rights and constitutional violations as well as health and safety code violations.

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Previous Comments:

Linda, Baltimore, 2009-08-01 14:34:05
ok her rights were violated but when they found out she was poz she should not have been allowed to keep her job, I know some will disagree with me but hey porn people do not use condoms so she is putting other lives at risk is that fair? I am sure if you could turn back the hands of time and had the choice you wouldnt have it either so you should understnd how her victums may feel. some jobs certain people should not have according to health issues.

JJ Bear, Phoenix AZ, 2009-07-23 23:04:32
Under the Americans with disabilities act not only is it illegal to divulge Poz status it is = illegal to divulge Neg status with out explisit signed consent. This also is a direct Violation of HEPPA statutes.

Jelani, Bronx, 2009-07-23 18:01:14
As a COBRA case manager I have to have a HIPPA form filled out in order to get a clients current labs from there pcp. This is a state and federal violation. If a violation like this goes by un checked People like TMK will have there entire medical files posted on U-Tube. I can care less how this young lady was infected but releasing her status to any one who is not autherized to see it is the focus of this artical

never mine, the boonies arizona, 2009-07-23 16:27:36
good she is also sueing the people in a cival court and the cal. state workers nolonger have there jobs there right!! if not they need to be fired and banned from health work even th dr.swhat dumb asses the state is for allowing that, kinda reminds me of my case in az. in a way. loosers are not the workers but the peoples lives they have destroyed. cal dept. of health is scumm

TMK, Providence, 2009-07-23 16:03:51
David- you're right. I responded too quickly & didn't read the article carefully. I agree with you that her privacy was seriously violated. Her OSHA complaint wasn't the issue.

Chad, San Francisco, 2009-07-23 14:50:34
TMK, disclosure of someone's medical conditions is illegal. Regardless if someone is HIV+ or Diabetic, no one has the right to that information other than the patient and his/her doctor.

David, Midland, 2009-07-23 14:38:26
Are you 100% certain, TMK? It sounds more like someone directly violated her privacy, nothing more. I read the article, three times, is there a part I missed or another story that was printed I don't know about?

NOYB, Los Angeles, 2009-07-23 14:34:11
So, TMZ, how does it work in your psycho world? If someone gets a disease they no longer have constitutional rights? Maybe if these a-holes pay a SERIOUS fine they'll think next time they decide to take someone's rights into their own hands.

TMK, Providence, 2009-07-23 10:37:27
This sounds to me like a case of blaming another for one's infection. She ultimately was responsible for ensuring her own protection & shouldn't have reliquished it to the porn makers who are in it for the profit. At this stage in the epidemic, she can not hide behind ignorance & besides, no protection is 100%.