An appeals court Wednesday rejected a class-action lawsuit filed against the North Broward Hospital District after a 2021 data breach.
A three-judge panel of the 4th District Court of Appeal upheld a circuit judge’s ruling that the district, also known as Broward Health, was shielded by sovereign immunity, which helps protect government agencies from liability.
The lawsuit, filed on behalf of patients whose private information was exposed in the data breach, alleged negligence and breach of contract by the hospital system.
But the appeals court, in a ruling written by Judge Robert Gross and joined by Judges Caroline Shepherd and Alan Forst, rejected both claims.
As an example, in addressing the breach-of-contract issue, the opinion said there was not an “express written contract” that could have led to waiver of sovereign immunity.