Pilot May Sue Government Over Health Disclosure

Update 02.24.2010 0920 EST: ANN received an e-mail from Mr. Cooper Wednesday morning to say he is currently flying as a Sport Pilot using his California drivers license in lieu of a Medical Certificate.

Original Story: The 9th Circuit Court of Appeals has ruled that the Social Security Administration was wrong when it disclosed to the FAA that Stanmore Cooper was HIV positive. He may now sue the federal government for "emotional distress" and mishandling his medical records.

The Associated Press reports that Cooper had told the SSA about his HIV status to be able to receive certain medical benefits, but he withheld that information from the FAA when he applied for a medical certificate. The information was handed over to the FAA as part of a criminal investigation into the medical records of about 45,000 residents of Northern California who applied for pilot's licenses.

The focus of the probe, dubbed "Operation Safe Pilot", was to find people who claimed disability through one doctor to receive payments, but used other doctors to certify their fitness to fly. Cooper was identified as one such individual. He admitted withholding information about his HIV status on applications filed with the FAA between 1998 and 2004. He pleaded guilty to a misdemeanor and paid a $1,000 fine.

But then he sued the government nearly three years ago for violating the Privacy Act after learning the records had been released by SSA without his consent. The three judge appeals panel ruled that Cooper suffered emotional distress as a result of the disclosure, that the distress counts as actual damages, and that his lawsuit may move forward.

At the time, the FAA forbade those with HIV from holding a pilot certificate, but it has since changed that policy.

FMI: www.faa.gov, www.ce9.uscourts.gov