Wise v. Thrifty Payless Inc

In Wise v. Thrifty Payless, Inc. (2000) 83 Cal.App.4th 1296, the plaintiff and her then-husband had been in the midst of an acrimonious separation, when the defendant pharmacy released plaintiff's prescription medication records to the husband without her authorization and in violation of her express directions to the pharmacy. (Wise, at pp. 1299-1300.) The husband later used those records against plaintiff in litigation and in a DMV proceeding. (Id. at pp. 1300-1301.) The court affirmed the judgment entered after a jury found the pharmacy liable for damages resulting from its disclosure of the plaintiff's medical records. (Id., at p. 1299.) The Court rejected the plaintiff's argument that her statutory and constitutional right to privacy trumps the litigation privilege, stating: "Plaintiff's heavy reliance on Cutter v. Brownbridge (1986) is unconvincing. Cutter not only predates Silberg, but its analysis, which 'weighs' a plaintiff's constitutional right to privacy against the interests promoted by the litigation privilege , clearly conflicts with the absolute nature of the privilege as subsequently stated by the state Supreme Court."