Attorney: Hospital files not protected, lawsuit filed

Published 05/05 2014 11:30AM

Updated 05/07 2014 08:36AM

Mug shot provided by Hamilton County, TN jail
Mug shot provided by Hamilton County, TN jail
An attorney claims files containing personal information of patients were stolen from a place inside Flowers Hospital that had limited security and may have been accessible to many people including the public. “I don’t know how many were taken but we have reason to believe there was a large number,” said Dothan attorney Adam Jones. He theorizes thousands of documents could have been stolen.  Jones filed a federal class action lawsuit Monday alleging claiming Flowers was negligent in its security measures.

The hospital was apparently unaware of the thefts until a Henry County deputy allegedly found Kamarian Millender in possession of stolen records. Flowers, in a letter dated April 15, claims it discovered the security breach February 26, a day after Millender’s arrest. A staff member at Flowers confirmed Millender’s employment at time of his arrest.

The case has apparently ignited a multi agency federal investigation. The hospital, in the letter, states that the U.S. Postal Service and Internal Revenue Service are conducting a probe which involves the fraudulent filing of tax returns using stolen information.

An email sent last week by Dothan First to the U.S. Attorney’s office in Montgomery seeking comment was not answered. Assistant U.S. Attorney Clark Morris said she was not aware of any arrests made by the federal government in connection to an identity theft involving Flowers Hospital according to an article appearing in the Dothan Eagle.

Millender was arrested on state charges. A complaint filed by Henry County deputy sheriff Aaron Kincaid alleges Millender “possessed identifying information of five or more identification documents of the same person, or possessed identifying information of five or more separate persons without the authorization, consent, or permission of the person or persons creating an inference that the identities are possessed with intent to manufacture, sell, transfer, or purchase identification for the purpose of committing an identity theft.”

Names of five potential victims appear on the document. will not release the names at this time. Jones said that this is likely only the tip of the iceberg. “There’s no telling how many people are affected by this,” he said. Jones filed his lawsuit on behalf of two people treated at Flowers and all others who may be affected by the security breach.

Millender was initially held in jail pending an appearance before Henry County Judge Derek Peterson. He was released March 3 after $30,000 bail was posted.

Court records reveal Millender, in 2002, resided at the same Headland address where he now lives. Millender, in 2010, was arrested in Nashville, Tennessee on trespassing and public intoxication charges. He was also arrested in 2012 on a public Intoxication charge in Chattanooga and given a suspended sentence.

Flowers CEO Suzanne Woods said last week she’s been asked not to comment citing an ongoing investigation. She said the care of patients is the hospital’s top priority. A text message Monday seeking comment on Millender’s arrest and the amount of information stolen was not immediately returned.

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