West Virginia Code 16-3C-5 – Remedies and penalties
(a) Any person aggrieved by a violation of this article has right of action in the circuit court and may recover for the violation:
Terms Used In West Virginia Code 16-3C-5
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the State Department of Health and Human Resources. See West Virginia Code 16-3C-1
- HIV-related test: means a test for the HIV antibody or antigen or any future valid test approved by the bureau, the federal drug administration, or the Centers for Disease Control and Prevention. See West Virginia Code 16-3C-1
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes any natural person, partnership, association, joint venture, trust, public or private corporation, or health facility. See West Virginia Code 16-3C-1
(1) Against any person who recklessly violates a provision of this article, liquidated damages of $1,000 or actual damages, whichever is greater; or
(2) Against any person who intentionally or maliciously violated a provision of this article, liquidated damages of $10,000 or actual damages, whichever is greater; and
(3) Reasonable attorney fees; and
(4) Such other relief, including an injunction, as the court may consider appropriate.
(b) Any action under this article is barred unless the action is commenced within five years after the violation occurs.
(c) Nothing in this article limits the rights of the subject of an HIV-related test to recover damages or other relief under any other applicable law.
(d) Nothing in this article may be construed to impose civil liability for disclosure of an HIV-related test result in accordance with any reporting guidelines or requirements of the department or the centers for disease control of the United States Public Health Service.