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Suit to proceed in claim that pharmacy revealed HIV status.


 A Federal judge in Milwaukee left intact a claim that the Osco Drug Store chain negligently caused ¿John Doe' emotional distress and exposed him to harassment. The store published, without his permission, his letter of thanks to an Osco pharmacist for helping him to obtain the protease inhibitor Norvir. After the letter was printed in an internal newsletter and posted at the store, John Doe received anonymous phone calls and his house was vandalized. The judge called Osco's argument that Osco was entrapped into revealing John Doe's HIV status "absurd." The judge dismissed the violation of privacy counts stating that Wisconsin's privacy law was only linked to HIV test results, which the Osco document did not mention. However, the judge left intact the claim of negligent infliction of emotional distress. The plaintiff's attorney plans to file a motion for reconsideration of the privacy and HIV information claims in Florida, John Doe's primary area of residence.
