FlL~D IPl 

C!.~R ~'S CFF{CF 

STATE OF INDIANA"(Il 5 E;rjG 1 3 PM "Il~FAHE LAKE COUNTY SUPERIOR COURT 

)SS: CIVIL DIVISION 

COUNTY OF LAKE t~ l}~ ~' ~ E L ' ~ • B F t'` ' ` CAUISE NO. 45D - -CTCLER~; ! C:'r;F C':r;CU;T G'L.Ui — 

MICHELLE HAYWOOD, ) r.'.L ~ ~ ~ U 3 ~ 4 ;; +~ T ~ ~ 1 3 ~ 

Plaintiff, 

vs. JURY DEMAND 

NOVARTIS PHARMACEUTICALS CORP. 

Defendant. 

COMPLAINT 

COMES NOW the plaintiff, Michelle Haywood, by counsel, and for her Complaint 

against the defendant, Novartis Pharmaceutical Corporation (hereinafter "Novartis"), states as 

follows: 

1. At all times relevant herein, Novartis was and is a Delaware corporation doing 

business in the State of Indiana. 

2. At all times relevant herein, plaintiff, Michelle Haywood, was and is a resident of 

Lake County, Indiana. 

3. At the time of the incident giving rise to this Complaint, the defendant was a 

provider of prescription medication to the plaintiff. 

4. The defendant's injury to the piaintiff occurred in the State of Indiana. 

5. On July 8, 2015, Novartis disclosed Protected Health Information about the 

plaintiff, including her disease, treatment, and medical providers, to the plaintiffls co-workers 

and supervisors via facsimile transmission. 

6. On July 8, 2015, Novartis also disclosed personal information about the plaintiff, 

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including her social security number, date of birth, income, and Medicare number, to the 

plaintiff's co-workers and supervisors via facsimile transmission. 

7. On May 19, 2015, the plaintiff had explicitly told the defendant in a written 

communication to not disclose her information via facsimile transmission to her place of 

employment. 

8. The defendant negligently and/or with reckless indifference disclosed the 

plaintiff's medical and private information to others. 

Count One -- Negligence 

9. Plaintiff hereby incorporates the foregoing paragraphs 1-8 as if set forth fully 

herein. 

10. As a provider of pharmaceutical services, the defendant owes a non-delegable 

duty to its customers to protect the privacy and confidentiality of their Protected Health 

Information and personal information. 

11. By and through its employee, Novartis breached its statutory and common law 

duties of confidentiality and privacy to the plaintiff. 

13. As a direct and proximate result of this breach, plaintiff has suffered damages. 

WHEREFORE, the plaintiff hereby demands judgment against defendant Novartis, for all 

damages, costs and interest, reasonable attorney's fee, and for all other just and proper relief. 

Count Two -- Negligent Training and Supervision 

14. Plaintiff hereby incorporates the foregoing paragraphs 1-13 as if set forth fully 

herein. 

15. As a provider of pharmaceutical services, the defendant owes a duty to its 

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customers to properly train its employees including training and instruction in the protection of 

customer privacy and confidentiality. 

16. Novartis breached its duty to plaintiff in the training and instruction of its 

employees in the protection of customer privacy and confidentiality. 

17. As a provider of pharmaceutical services, Novartis owes a duty to its customers to 

properly supervise its employees in the performance of their job duties and responsibilities. 

18. Novartis breached its duty to plaintiff in the supervision of its employees. 

19. As a direct and proximate result of Novartis's above-described negligence, 

plaintiff has suffered damages. 

WHEREFORE, the plaintiff hereby demands judgment against Novartis for all damages, 

costs and interest, reasonable attorney's fee, and for all other just and proper relief. 

Count Three -- Public Disclosure of Private Facts 

20. Plaintiff hereby incorporates the foregoing paragraphs 1-19 as if set forth fully 

herein. 

21. By publicizing the plaintiff's disease to her co-workers and supervisors, Novartis 

committed the common law tort of Public Disclosure of Private Facts. 

22. As a direct and proximate result of the above-described breach, plaintiff has 

suffered damages. 

WHEREFORE, the plaintiff hereby demands judgment against Novartis for all damages, 

costs and interest, reasonable attorney's fee, and for all other just and proper relief. 

Count Four — Punitive Damages 

23. Plaintiff hereby incorporates the foregoing paragraphs 1-22 as if set forth fully 

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herein. 

24. Novartis disclosed the plaintiff's Protected Health Information and personal 

information to the plaintiff's co-workers and supervisors after being told in writing not to do so. 

25. In so doing, Novartis acted with reckless indifference to the injury of the plaintiff. 

WHEREFORE, the plaintiff hereby demands judgment against Novartis for punitive 

damages. 

JURY DEMAND 

COMES NOW the plaintiff, Michelle Haywood, by counsel, and hereby requests trial by 

,lury. 

Respectfully submitted, 

THE WALKER LAW GROUP, P.C. 

B Y• a~~ 

Tony iNo. 

lke

Attorn 19911-45 

Attorney for the Plaintiff 

THE WALKER LAW GROUP, P.C. 

363 S. Lake Street 

Gary, IN 46403 

(219) 887-2626 

(800) 889-3689 (fax) 

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