SACRAMENTO – Plaintiffs seeking damages from a health care network that lost information about 4.2 million patients in a computer theft faced tough questioning during oral arguments Friday from a Sacramento appellate court.

The Third District Court of Appeal panel, led by Justice George Nicholson, quizzed plaintiffs’ counsel about claims that Sutter Medical Foundation patients’ confidentiality was breached, even though there’s no evidence the patient data was ever viewed or misused after the 2011 theft. Sutter is challenging a 2012 trial court ruling that the negligent “release” of information alone triggered liability and did not require disclosure to a third party.

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