Treatment Abuse, Behavior Modification, Thought Reform > Aspen Education Group
Pence v. Aspen Education Group, Inc.
Ursus:
--- Quote from: "Guest" ---As far as staff members go (Harless), the court determined that Aspen Education Group didnt do anything wrong here:
Because she is not a licensed counselor and there is no evidence she is an employee of a licensed counselor, Harless is not subject to confidentiality laws applicable to licensed counselors and their employees. Or. Rev. Stat. § 675.765.
So Hipaa laws do not apply to staff personnel unless they are reporting directly to a licensed counselor or have been thru training. All this is really good to know. If this was hislicensed therapist who talked then they would have a case...seems they got bad advice from their lawyer.
--- End quote ---
Premature judgment on your part, Whooter. This was a request for summary judgment and the court did not rule on the entirety of Plaintiff's 4th Claim - Breach of Confidential Relationship, only part of it, specifically as it pertains to Harliss' conduct as an individual (as opposed to NorthStar or Aspen Educational Group as you aver). The rest of the claim continued to trial, as far as we know.
There is evidence that NorthStar employees went through HIPAA training and took HIPAA quizzes prior to the disclosure at issue. Rose Aff., ¶ 4. This suggests the possibility that NorthStar may be a covered entity within the meaning of HIPAA. There is insufficient evidence to conclude that there are no disputed issues of fact as to whether information conveyed by Harless to police was protected health information within the meaning of HIPAA, and whether NorthStar is a covered entity within the meaning of HIPAA.3
On this record, the breach of confidential relationship claim is not amenable to summary judgment for plaintiff or defendants.[/list]
Ursus:
--- Quote from: "Guest" ---So Matthews parents asked for a million bucks and didnt get a dime because they had no case.
Sounds like a shake down to me and a lousy lawyer.
Matthews parents asked the judge: By this claim, plaintiffs allege that defendants' conduct of notifying law enforcement with intention to cause emotional distress, or with reckless disregard of the effects of such notice, demonstrates particularly aggravated disregard for the rights of Matthew Pence, and justifies a punitive damage award of $1,000,000. Complaint, ¶ 43.
The judge said: Punitive damages are not recoverable.
--- End quote ---
LOL. More premature presumptions on your part. The judge did NOT say that. Where do you read that, Whooter? Provide the link!
Defendants' motion for summary judgment regarding the Fifth Claim - Punitive Damages was denied.
At this stage, the court cannot say that the Oregon constitution bars an award of punitive damages. Defendants are free to argue at trial that plaintiffs' claim for punitive damages should not be submitted to the jury.[/list]
At the point in time that this document was created, the whole circus in the courtroom wasn't finished yet. Please read more carefully.
Whooter:
Aspen should put this on their web site. Not only did the pierces take a bath for the tuition but they couldn’t recover the lawyers’ fees. This is an incentive to never try to sue Aspen, that’s for sure. Aspen was being nice by not counter suing they could have probably taken away their house and retirement for harassing Northstar.
The Pierces lawyer should consider lowering his rate for them. Aspen will never take their child back into the program and I don’t blame them at this point after reading that, even though he needs help and the parents pissed away more money that could have gone towards further helping their child with this obviously ill advised law suit.
Matthew is the real loser here and I hope his parents can see clear to get him the help he needs as they move forward.
Ursus:
--- Quote from: "Guest" ---Aspen should put this on their web site. Not only did the pierces take a bath for the tuition but they couldn’t recover the lawyers’ fees. This is an incentive to never try to sue Aspen, that’s for sure. Aspen was being nice by not counter suing they could have probably taken away their house and retirement for harassing Northstar.
The Pierces lawyer should consider lowering his rate for them. Aspen will never take their child back into the program and I don’t blame them at this point after reading that, even though he needs help and the parents pissed away more money that could have gone towards further helping their child with this obviously ill advised law suit.
Matthew is the real loser here and I hope his parents can see clear to get him the help he needs as they move forward.
--- End quote ---
Who is "Pierce?" I spent a couple of hours copying and reformatting this document and the only mention of a "Pierce" that I've come across on this page, not to mention the past few days, is within your post. Are you drunk?
Whooter:
If I were Aspen, I would contact all the programs and make sure his parents sign a waiver if they try to get the boy back in to one of their programs. I think it is wrong to deny the child help because of the parents but they cant expect to tolerate people like this with harassing lawsuits.
Some people are just ungrateful and only think about the money when there is a child at stake.
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