A New York man is suing CVS after a pharmacist disclosed information about his prescription. So the man purchased his meds, told the pharmacy, “I’m gonna pay out of pocket, “I don’t want my insurance to cover this.” Well, a few years later, the man claims his wife calls up the pharmacy about her own medication. Then an employee brought up his prescription to her. Here’s the problem. The prescription was for the little blue pill. Yes. Now the man says his marriage has broken down as a result. And I gotta tell ya, there are so many elements to this. I read the story. First, I’m thinking, okay, you may have a claim here but we were discussing this backstage. We have different theories on this. Yes. You think that the marriage is over because he was taking it to cheat. That’s absolutely what I think, right? Well how do you know? As a woman, if you don’t know he’s ordering that Viagra. How good is their marriage? How are they doing in the bedroom? If clearly they’re not having a lot of intimate relations, well he’s using Viagra elsewhere. I completely agree. I actually do not necessarily agree. The number of middle-aged men who either take a little blue pill or one of the other pills. Sure. So many men have it around at the home because let’s call a spade a spade. If you’ve been married for 30 years and everyone’s busy and it’s time to perform a lot of men will say, okay I feel more secure taking this. And they don’t want their wives to know. It’s part of masculinity. First hand experience, why not, it works, it’s good. And I’ve been doing that for years, but at the same time… But you’re comfortable talking about it. I share that information with my wife. But that doesn’t mean we want to. But I think that even if you don’t feel comfortable initially sharing it with your wife, and then you say, well, honey, I’m doing this because I wanna please you, I wanna perform better together, then you should be able to at least communicate that. But as a woman, how does it make you feel? And again, Drew, you’re different ’cause you’re the man. I take one, I go honey, here’s one for you. The way you handle all of this is so great, but not every man is that way. And as a woman, if you’re not married to Drew, how do you feel? No, I’m saying how do you feel if your man comes up and says, hey honey, I really can’t have sex with you without taking a male enhancement pill? That can really destroy a relationship. I think it depends on… If it’s a bad relationship to begin with. And that’s my point, is in this case, clearly something’s wrong with the relationship. Well there’s a right way to present it. You say I’m getting a little bit older, things aren’t working the same as they used to. I went to see my urologist, he suggests… If you have a good relationship. And I think women feel the same way, too. I think all of us slow down as we age. That’s just how it is. Women, especially around menopause, things dry out, your sex drive goes down, you know. But I think any good relationship, you’re actually communicating about this openly. No question, I think there’s issues with this marriage. More importantly, it gets back to privacy of your medical information. You have rights. Joining us in the audience to weigh in on this story is legal analyst, Sarah Azhari. Because, Sarah, this is one of those, no matter why this potentially ruined their marriage, this shouldn’t happen. I wanted to ask you, legally, what’s gonna happen, now? It doesn’t really matter under the law, whether it’s a blue pill or its ibuprofen, it’s your private health information, which is protected by HIPPA. It’s federal law, and the mere fact that you’re married does not waive that privacy. There are very specific exceptions to that law, including whether there’s a court order, a subpoena, domestic violence, child abuse. Things that are very compelling that will allow the medical provider, or the pharmacy in this case, to disclose that information. Or the alternative, the person signs a release and waives their privacy essentially, for the medical doctor to release information. When is say medical doctor, the law applies to anyone, it’s very broad, its applies to any entity or individual that has health information of the patient. So a pharmacist, physical therapist, doctors, insurance plans, they’re all covered. And the law calls for fines for each incident. So it can range from a hundred dollars to fifty thousand dollars. But I think this man also has additional claims. He’s claiming his marriage fell apart. He’s claiming that he’s suffering from distress as a result of it. So under New York law, he could possibly sue for emotional distress. I don’t think it was intentional. I think its probably more like negligent infliction of emotional distress. And there’s also professional malpractice on the part of the pharmacist. But that would require foreseeability. I mean does this pharmacy employee know that by inadvertently blurting this out that a marriage is gonna fall apart? It’s a bit of a stretch there.