DOVER, Del. (AP) - A judge says Rite Aid cannot blame a man who learned of his son’s HIV infection when the pharmacy told him about his son’s prescriptions.
Michael Spence is suing the retailer for negligence and invasion of privacy after his father went to pick up a prescription for his mother. A clerk told him his son had two prescriptions available. Spence had not told his parents he was HIV-positive. But the father researched the drugs and learned they were HIV medicines.
The judge in Delaware says the father cannot be blamed for being concerned about his son’s health.
He dismissed Rite Aid’s third-party complaint, which accused the father of being partly liable for his son’s claims of invasion of privacy and emotional distress.
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