ARIZONA NEWS

Phoenix Children’s faces possible lawsuit after employee vaccine exemption list revealed

Nov 8, 2021, 4:45 AM | Updated: 4:32 pm
(Facebook photo/Phoenix Children's)...
(Facebook photo/Phoenix Children's)
(Facebook photo/Phoenix Children's)

PHOENIX — Phoenix Children’s is facing a potential class-action lawsuit after a list of employees with approved vaccine exemptions was revealed.

The hospital on Oct. 15 allegedly sent an email to 368 people outlining protocols for employees with approved vaccine exemptions. In court documents filed with Maricopa County Superior Court, a class action complaint states the employee distribution list was visible and not blind carbon copied.

A nurse and patient sitter in the complaint claimed the hospital acted negligently and invaded employees’ privacy by public disclosure of private facts.

“It’s an act of negligence on behalf of the hospital,” said Alexander Kolodin with the Daviller Law Group who’s representing the employees.

“I mean they made a mistake, they know they made a mistake and that’s negligence.”

The complaint also alleges employees have suffered humiliation, inconvenience, financial losses and impairment/injury to their reputations.

“There’s a lot of emotional distress and anxiety with knowing that now your sensitive personal health information has been disclosed,” Kolodin said.

Phoenix Children’s in a statement provided to KTAR News 92.3 FM said release of the information was an administrative error.

“In the process of communicating internal safety protocols related to such accommodations, the employee distribution list for one email message was inadvertently visible, instead of blind carbon copying the recipients,” the statement read.

“Since learning of our administrative error, we immediately informed affected employees of the error, extended our sincere apologies and explained that efforts had been taken to avoid similar mistakes in the future.”

The complaint alleges the list of exposed employees was later shared on social media but does not specify who posted the list.

Monica Lindstrom, KTAR News 92.3 FM’s legal analyst, believes the employees have a strong case.

“In this case for information to end up on social media that is an intentional act, which is worth more than just an accident,” Lindstrom said

She warns this complaint should be a red flag for companies that collect this personal information about their employees.

It’ll be up to the court to decide whether the complaint meets the requirements to become a class action matter. Lindstrom says the accidental or intentional disclosure of personal employee information is almost always actionable, “but now the question is what are the damages? How do you quantify them?”

Kolodin says that the end goal for his clients is “the best the law can do is money, so we have to work on putting the value on that and so that’s what we’re doing on behalf of our clients.”

The complaint does not list an amount for damages.

Phoenix Children’s required all employees to be vaccinated against COVID-19 by Oct. 1.

Lifetime Windows & Doors

We want to hear from you.

Have a story idea or tip? Pass it along to the KTAR News team here.

Arizona News

(Photo by Erik (HASH) Hersman/Creative Commons)...
Taylor Tasler

Prop 131 would change the line of succession to the governor’s seat

Voters will see 10 statewide ballot initiatives this November, including a potential change to the line of succession for the governor's seat. 
6 hours ago
(Photo by Mario Tama/Getty Images)...
Griselda Zetino

Latino buying power in Arizona is exceeding expectations

The Latino buying power in Arizona was projected to reach $57 billion this year, but that has already been exceeded.
6 hours ago
(Pexels Photo)...
KTAR.com

Arizona man gets 18 months in prison for stealing $1.36M in social security benefits

An Arizona man was sentenced to 18 months in federal prison for stealing more than $1.36 million in social security benefits over 20 years.
6 hours ago
Director, NFL Environmental Program Jack Groh, associate director, NFL Environmental Program Susan ...
Jordan Leandre

NFL Green wants Super Bowl to benefit Arizona community, environment

With an event as momentous as the Super Bowl, there will be lots of traffic coming to the greater Phoenix area from all over the world.
6 hours ago
(Salt River Project Education Grants Photo)...
KTAR.com

Salt River Project offers grants of up to $5,000 for Arizona schools

Teachers across Arizona can now apply for funding to enhance learning in the classroom through a Salt River Project educational program.
6 hours ago
(ADOT Photo)...
KTAR.com

Interstate 17 in Phoenix reopens after Monday’s storm closures

Interstate 17 in Phoenix closed Monday night in both directions for storm-related reasons, state transportation officials said. 
1 day ago

Sponsored Articles

...
Day & Night Air Conditioning, Heating and Plumbing

Ways to prevent clogged drains and what to do if you’re too late

While there are a variety of ways to prevent clogged drains, it's equally as important to know what to do when you're already too late.
...
Dr. Richard Carmona

Great news: Children under 5 can now get COVID-19 vaccine

After more than two years of battle with an invisible killer, we can now vaccinate the youngest among us against COVID-19. This is great news.
...
Day & Night Air Conditioning, Heating and Plumbing

Most plumbing problems can be fixed with regular maintenance

Instead of waiting for a problem to happen, experts suggest getting a head start on your plumbing maintenance.
Phoenix Children’s faces possible lawsuit after employee vaccine exemption list revealed