Page:Touhy v. Walgreen Company.pdf/5

 though, as best we can tell from the record, not in the same store where Ms. Touhy filled her prescription.

B

With this information in hand, and on the theory that Ms. Whitlock had used her position to access and divulge Ms. Touhy's private health information, Ms. Touhy brought suit against Walgreen in February 2005, alleging intentional infliction of emotional distress, breach of duty of confidentiality, invasion of privacy, and disclosure of confidential medical information (the last count a violation of Okla. Stat. title 63 § 1-502.2(H)). Discovery ensued.

During his deposition, Mr. Abrams offered yet another account of how he learned of Ms. Touhy's condition, this time testifying that his source was his friend Ernie Calderon, someone who shared mutual friends with Ms. Touhy. Mr. Abrams further testified that, in addition to Mr. Calderon, other acquaintances told him during a conversation at a bar that Ms. Touhy had contracted herpes. According to Mr. Abrams, he invented the stories involving Planned Parenthood and Walgreen only because Ms. Touhy kept denying that she had herpes; Mr. Abrams believed she would be more forthcoming if she thought he had reliable information rather than mere rumor and, Mr. Abrams explained, it was important to him to find out when and how Ms. Touhy contracted herpes in order to determine if he was at risk. -5-