'Patient Zero' Permanent Injunction OKd by Judge

ALAMEDA, Calif. – Alameda Superior Court Judge Winifred Smith has granted a permanent injunction preventing Cal-OSHA from obtaining the personally identifying information of "Patient Zero" or other patients of the now-defunct AIM Health Care Foundation.

The injunction represents a defeat of the California regulator’s efforts at obtaining medical records and identification of adult film performers.

"Judge Smith was very specific in requiring Cal-OSHA to obtain performer permission and authorization before seeking HIV test results or personally identifying information," said Karen Tynan, attorney for AIM. "It is bittersweet after this lengthy fight and all that has happened in the last two years.

"[The judge] made the correct ruling and the medical records of performers and performer medical privacy has been recognized as requiring protection from intrusive subpoenas of Cal-OSHA."

The suit over Patient Zero information was put on the fast track after her counsel from the ACLU learned of a meeting slated in July between Cal-OSHA officials and AIM personnel.

The court filing detailed the extent Cal-OSHA used its regulatory power to seek patient medical records at AIM, which provides HIV and STD testing and treatment mostly for adult industry performers.

Cal-OSHA, which conducted a surprise inspection of the AIM facility in Sherman Oaks, Calif., on June 17, 2209, later issued a subpoena to AIM but not to Patient Zero, who was informed by AIM on June 6, 2009, that results of an HIV test showed her preliminarily testing positive for HIV. (Patient Zero’s identity has never been revealed publicly.)

The subpoena issued by Cal-OSHA included requests for confidential public health records and "personally identifying information of AIM patents who tested positive for HIV that could reasonably be expected to identify or lead to the identification of Patient Zero."

At the time, AIM personnel refused to produce records.

But Cal-OSHA officials scheduled a follow-up investigatory interview with AIM staff in Oakland, Calif., according to the suit.

Once Patient Zero’s attorneys got wind of the interview with AIM staff, they immediately shot off a request to Cal-OSHA objecting to it.

Patient Zero’s counsel said they never received any response from Cal-OSHA relative to the request; however a receipt of the letter showed that Cal-OSHA special counsel did receive the letter.

Patient Zero's counsel later filed its suit at Alameda Superior Court, later receiving a temporary injunction. This week Smith made it permanent.

Patient Zero was diagnosed HIV-positive, but no other performers were found to have contracted the virus from transmission.

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Atlanta Authorities Renew Attack on Adult Boutique Tokyo Valentino

The saga of beleaguered Georgia adult boutique Tokyo Valentino continues with a renewed attempt by authorities to shut down another of its locations.

MomPOV Producer Pleads Guilty in GirlsDoPorn Case

MomPOV producer Doug Wiederhold, who was formerly the partner of GirlsDoPorn owner Michael Pratt as well as the first male talent for GDP, pleaded guilty Thursday to a federal conspiracy charge.

Streamate Exec Liz Rek Joins FSC Board

The Free Speech Coalition board of directors has tapped Streamate executive Liz Rek as its newest member, effective immediately.

2024 XBIZ Creator Awards Nominees Announced; Voting Now Live

XBIZ is pleased to announce the nominees for the 2024 XBIZ Creator Awards, presented by Fansly.

Severe Sex Films Names Vanessa Vega 1st 'Fetish Star of the Month'

Severe Sex Films is debuting a "Fetish Star of the Month" promotion, and has named Vanessa Vega as the first honoree to hold the title.

Christy White Stars in Latest From Blacked

Vixen Media Group exclusives Christy White and Jason Luv star in the latest release from studio imprint Blacked.

Destiny Mira Stars in New B/B/G From Ricky's Room

Destiny Mira stars with Dan Damage and Hollywood Cash in the latest release from Ricky's Room.

Tahlia Paris Crowned 2023 Penthouse 'Pet of the Year'

Penthouse has announced that model, DJ and influencer Tahlia Paris has been named its 2023 Pet of the Year.

Adult Site Broker Talk's Bruce Friedman Reflects on Podcast Success

The 200th episode of “Adult Site Broker Talk” will air next week, with 2023 XBIZ Performer of the Year Cherie DeVille as the featured guest.

MixedX Releases 'Kitsune's Love Illusion'

MixedX has released "Kitsune’s Love Illusion," starring May Thai, Kate Quinn and Christy White.

Show More