Judge dismisses Andrew Speaker suit against CDC

By Shelia M. Poole

The Atlanta Journal-Constitution

A U.S. District Court judge has dismissed a  lawsuit against the Centers for Disease Control & Prevention filed by an Atlanta lawyer who claimed the agency invaded his privacy.

The lawsuit stemmed from a high-profile case involving Andrew Speaker, who alleged the federal agency divulged private medical information during a tuberculosis scare in 2007. The lawsuit sought unspecified damages and attorney's fees.

But Judge William S. Duffey Jr. ruled Speaker failed to provide  specific, material facts to support the lawsuit proceeding.

At a May 29, 2007, news conference the CDC said a patient with XDR-TB, an extremely drug-resistant strain of tuberculosis, had traveled on an international flight, potentially  setting off a public health crisis.

Speaker, who had traveled to Greece for his wedding and to Italy on his honeymoon, said he was told that he was not contagious and that the XDR diagnosis was preliminary. He alleged that other findings showed he had a less drug-resistant strain and that the CDC and Fulton County health officials knew about his travel plans. He said he planned to seek medical treatment in the United States when he returned and had been told by doctors that he was not a threat to anyone.

The lawsuit alleged that details of Speaker's medical history were unlawfully released as well as his alleged condition, details of his wedding and his identity, "none of which needed to be released to the general public in order to accomplish any legitimate public health purpose."

A spokesman for the CDC said the agency does not comment on litigation.

Speaker also declined to comment.

His attorney, Craig T. Jones, said he planned to appeal the court's decision. However, Jones said  recent Supreme Court decisions have made it harder for plaintiffs to make allegations in lawsuits before discovery.

"Under these recent rulings, you've got to know who did what to whom and under what circumstances," Jones said. "If  you're too general, if you're not specific about it, you risk your case being dismissed before having the opportunity to discover all the facts."