Court Orders Hospital to Release Public Health Records on Mold Infections

Aspergillus mold in the air-handling system of Seattle Children’s Hospital has plagued the facility since 2001. The hospital has allegedly known about this mold infestation in its operating rooms since 2005. To date, the outbreak has sickened 14 patients and seven have died.

In August 2019, a reporter filed a records request for more information about the hospital’s mold problem, but hospital officials tried to stop the release of these records. However, a three-judge panel from the Court of Appeals in Seattle recently decided that public health records concerning mold infections can be released to Puget Sound area journalists, The Center Square reports. A trial court will review the case to ensure the requested medical records comply with patient privacy laws.

Although exposure to Aspergillus mold does not affect most people, those with weakened immune systems, damaged lungs, or asthma can get sick after breathing in the spores. Over the years, several lawsuits were filed against the hospital regarding mold infestation. In December 2019 a class-action lawsuit was filed on behalf of all the patients affected by the mold.

The most recent ruling concerns a KING-TV reporter who filed a records request to King County Public Health (KCPH) concerning the Aspergillus infections. KCPH decided to release the 4,700 pages of relevant records, which included email exchanges between Seattle Children’s Hospital staff and mold sample testing results. However, the hospital objected to this since they argued it contained confidential patient information under the U.S. Health Insurance Portability and Accountability Act (HIPAA).

Late last month, the three-judge panel of Washington Division I Court of Appeals rejected the hospital’s blocking request of the records in a 19-page court opinion.