Almeida Law Group Defeats Motion to Dismiss in Midwest Express Care Patient Privacy Litigation

Almeida Law Group is pleased to announce that the Honorable Sharon Johnson Coleman of the United States District Court for the Northern District of Illinois has denied Midwest Express Care’s motion to dismiss in Allen v. Midwest Express Care, Inc., Case No. 1:24-cv-05348. 

The case involves allegations that Midwest Express Care unlawfully disclosed patients’ personally identifiable and protected health information to third parties, including Meta and Google, using tracking technologies embedded on its website. In denying the motion to dismiss, Judge Coleman held that plaintiff sufficiently alleged that defendant’s conduct may have violated HIPAA, triggering the crime-tort exception to the ECPA’s one-party consent rule. The Court also recognized that the Illinois Personal Information Protection Act may support a duty of care in negligence claims involving data privacy. 

Almeida Law Group leads the litigation on behalf of the proposed class and continues to advocate for individuals whose sensitive health data was intercepted and monetized without consent. We are proud to be at the forefront of this important litigation and remain committed to holding healthcare providers accountable for protecting patient privacy in the digital age.