eventually made its way to her ex-husband, Bryan Abrams. Distressed that her diagnosis was the subject of local gossip, Ms. Touhy sought to determine how it became public and eventually surmised that Ms. Whitlock was the source.[1]
How Ms. Touhy reached this conclusion is part of a larger story. After receiving her diagnosis from a doctor at a Planned Parenthood clinic, Ms. Touhy filled a prescription for Valtrex, an antiviral drug principally used to treat herpes, at her local Walgreen pharmacy in late 2003. She revealed her diagnosis to only a few close friends and family. Even so, around the beginning of February 2004, Ms. Touhy received a phone call in the middle of the night from Mr. Abrams, whom she had recently divorced after three years of marriage. During this conversation, Mr. Abrams, apparently intoxicated and belligerent, claimed that he knew about Ms. Touhy's condition and expressed concern about whether she had also infected him. Ms. Touhy denied that she had herpes and demanded that Mr. Abrams tell her where he had heard otherwise. Mr. Abrams replied that someone at Planned Parenthood leaked the information.
Several days later, the two spoke again. During the call, Ms. Touhy again denied that she had herpes and pressed Mr. Abrams to reveal his source
contending otherwise. Mr. Abrams initially refused to name any particular
- ↑ Because this case concerns the wrongful disclosure of private health information, it unavoidably involves discussion of information that was intended to be kept private but which no longer is and which, by necessity, is recounted in Ms. Touhy's complaint and pleadings, the district court's decision, and here as well.
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