LOS ANGELES–(Business Wire)–Two former actresses in the adult film industry, including Diana Grandmason, are filing a California lawsuit against Adult Industry Medical Health Care Foundation (AIM), a Los Angeles area HIV testing clinic funded by and serving the adult film industry, alleging privacy breaches of their protected patient health data.
The lawsuit, which will be filed in Superior Court of California, County of Los Angeles, Monday, includes claims of unfair and deceptive business practices, violations of civil code and unlawful public disclosure of private health information. The lawsuit also seeks class action status to include claims by other current and former adult film actors whose health information may have also routinely—and illegally—been released by AIM to film producers working in the adult industry. The lawsuit is being supported by AIDS Healthcare Foundation (AHF), which has separately been championing safety reforms in the adult film industry including efforts to require the use of condoms in all adult film productions. Tom Myers and Brian Chase, two AHF attorneys working pro bono to represent the two former adult stars prepared the lawsuit and arranged its filing.
The lawsuit, alleges, “AIM violates the privacy rights of performers in the adult film industry by allowing the producers of adult films online access to workers’ health care information without the individual consents and releases required by federal and California law. AIM knowingly and intentionally provides this private information to producers of adult films in order to facilitate the production of adult films.” The legal action also asserts, “AIM further jeopardizes the health and well-being of performers in the adult film industry by discouraging the use of condoms and other safer-sex practices known to prevent and dramatically reduce the spread of STDs,” and “The actions of AIM violate Grandmason’s and Garren’s rights to privacy, the rights of individuals similarly situated to Plaintiffs, and further constitute an unfair and deceptive trade practice under California law.”
“While working in California’s adult film industry, both Bess and I were repeatedly tested for sexually transmitted diseases at AIM’s clinic,’ said lead Plaintiff Diana Grandmason. “I was tested for HIV, chlamydia and gonorrhea at AIM on nine occasions in 2008 and 2009, while Bess was tested for the same diseases on ten occasions in 2008 and 2009.
We each had to sign sweeping release-of-information forms and pay AIM for this testing.”
Grandmason said AIM made their medical test results available online to adult film producers and anyone else with a user name and password for AIM’s database.
“Despite the fact that we have each been out of the industry for more than a year, it is our understanding that our private health data still remains freely—and illegally—available online at AIM’s database. With this lawsuit, we hope to stop AIM from violating our and other patients’ legal rights,” said Grandmason.
“In exchange for its monopoly position as the sole provider of sexually transmitted disease testing within the adult film industry, AIM provides the producers of adult films with unfettered online access to confidential health records of AIM’s patients, and publicly defends the adult film industry’s refusal to adequately protect performers from the spread of STDs,” said Brian Chase, one of the pro bono attorneys working on the case.
He added that AIM opposes any efforts to require the use of condoms in the production of adult films. “We believe that AIM is in clear violation of federal and state law, and that its actions and ongoing business practices repeatedly place thousands of people like Ms. Grandmason and Ms. Garren at risk of disease and death.”
Grandmason and Garren’s lawsuit asserts that they, and an untold other number of current and former AIM clients who sought—and paid for—STD and HIV testing services at AIM’s clinic in order to work in the adult film industry, had their civil and health privacy rights violated.
Grandmason will ask the court to consider certifying the case as a class action on behalf of all those people whose health and privacy rights may have been repeatedly violated by AIM’s practices.
AIDS Healthcare Foundation (AHF) is the largest global AIDS organization. AHF currently provides medical care and/or services to more than 137,000 individuals in 23 countries worldwide in the US, Africa, Latin America/Caribbean, the Asia Pacific Region and Eastern Europe.
