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Business Sep 17, 2022
Kaiser Permanente in Downey. | Photo courtesy of Kaiser Permanente
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A woman has reached a settlement of a lawsuit she filed against Kaiser Foundation Health Plan Inc. and Southern California Permanente Medical Group, alleging an employee’s cell phone recorded the plaintiff undressing during a visit to the Downey facility in 2020.
The plaintiff is identified only as Jane Doe in the Norwalk Superior Court lawsuit, alleging negligence, negligent infliction of emotional distress and premises liability. One of her attorneys filed court papers Wednesday with Judge Margaret Miller Bernal notifying her of the accord.
No terms were divulged.
In their court papers, Kaiser lawyers stated that Doe’s suit was filed June 22, a year after the statute of limitations expired, and that the facts of her case indicated nothing beyond a single cause of action for professional negligence.
According to the lawsuit, Doe was “captured undressing herself by a cell phone left on the premises of a dressing area” by a Kaiser X-ray technician during a video call on June 30, 2020, at the Kaiser Permanente Orchard Medical Offices on Imperial Highway.
Doe’s “personal and sensitive information was transmitted and shared (with) unknown person(s),” the suit alleged.
The lawsuit does not state who was on the video call or why it was being conducted.
Doe had a “reasonable expectation of privacy while undressing” and as a result suffered “severe emotional distress” and maintains that leaving a device to record “the live disrobing of one’s person, in what was thought to be a private area without consent or warning, was outrageous conduct and done with reckless disregard,” according to the suit.
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