HONOLULU (CN) – A shark-bite victim claims a Honolulu hospital violated his privacy by photographing and posting on the Internet a picture of his “gaping leg wound,” without his consent, “while he was completely helpless, undraped, and in a life-threatening and traumatic shock condition.” Todd Murashige claims The Queen’s Medical Center violated HIPAA protections and caused him “severe emotional shock and mental anguish.”
Murashige was attacked by a shark about 500 yards off the Ka’awa shore on Oahu at the surf spot known as Crouching Lion. It was about 4:30 p.m. on Sept. 9, 2008, and his wounds were “consistent with tiger shark” attack, state officials said at the time.
Murashige claims that the hospital’s photographing him “while he was naked and helpless” was “extreme and outrageous.”
He seeks statutory damages for HIPAA violations, and damages for outrage, privacy violations, negligence and distress.
He is represented in Oahu Circuit Court by Paul Smith with Schutter Dias & Smith.