Atlanta defensive tackle Grady Jackson is suing the Falcons, saying the team invaded his privacy and defamed him by releasing his medical records.The lawsuit centers around reports that surfaced last year, before Jackson signed as a free agent with the Falcons, that Jackson had heart problems. Jackson is listed at 345 pounds and looks significantly heavier than that, and a belief among NFL teams that he had heart problems would no doubt drive down Jackson's bargaining power in contract negotiations.
So did the Falcons make those reports public in an effort to sign Jackson for less than he might have otherwise received from another team? The Falcons, of course, deny that. The team issued a statement saying, in part, "We believe that this is a continuing attempt by the agent to gain a new contract for his client."
It's a bizarre suit and a very rare one in that it features a player suing a team he still plays for. Jackson is under contract to the Falcons for two more years and is slated to make $1.5 million this season. It seems quite unlikely now that he'll still be in Atlanta when the regular season begins.
Comments (Page 1 of 1)
Seems that releasing information about some one medical condition is a HIPPA violation. If true, the Falcons are going to be paying a lot.
This case has legs.
Like it or not, the team cannot release information about him, especially if that "info" is not true. The only other element he needs to prove is that it in any way harmed his ability to earn.
The team may try to claim employer's immunity, but this claim will not fly, as this information that was released was not as a function of the team, but potentially served others outside of the organization to make an ability assessment of Jackson, based on falsehoods.
A far as the HIPPA violation, it will be a case of one or the other. Defamation only relates to false information. And if the information is false, then it will easily be defended as NOT part of his actually medical report. The Falcons Organization will really be in hot water if they released part of his medical records that were true and coupled that release with false information.
Should be interesting.
Breaking Confidentiality is MAJOR law here that has been broken. Open up your pocket books Atlanta, and be ready to sign a BIG check, payable to Grady Jackson.
NFL teams have to disclose injuries to all players. I am sure there is a clause somewhere which waves the right to allow health status.