Wed, Feb 24, 2010
Pilot May Sue Government Over Health Disclosure
Update 02.24.2010 0920 EST: ANN received an
e-mail from Mr. Cooper Wednesday morning to say he is currently
flying as a Sport Pilot using his California drivers license in
lieu of a Medical Certificate.
Original Story: The 9th Circuit Court of
Appeals has ruled that the Social Security Administration was wrong
when it disclosed to the FAA that Stanmore Cooper was HIV positive.
He may now sue the federal government for "emotional distress" and
mishandling his medical records.
The Associated Press reports that Cooper had told the SSA about
his HIV status to be able to receive certain medical benefits, but
he withheld that information from the FAA when he applied for a
medical certificate. The information was handed over to the FAA as
part of a criminal investigation into the medical records of about
45,000 residents of Northern California who applied for pilot's
licenses.
The focus of the probe, dubbed "Operation Safe Pilot", was to
find people who claimed disability through one doctor to receive
payments, but used other doctors to certify their fitness to fly.
Cooper was identified as one such individual. He admitted
withholding information about his HIV status on applications filed
with the FAA between 1998 and 2004. He pleaded guilty to a
misdemeanor and paid a $1,000 fine.
But then he sued the government nearly three years ago for
violating the Privacy Act after learning the records had been
released by SSA without his consent. The three judge appeals panel
ruled that Cooper suffered emotional distress as a result of the
disclosure, that the distress counts as actual damages, and that
his lawsuit may move forward.
At the time, the FAA forbade those with HIV from holding a pilot
certificate, but it has since changed that policy.
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