West Virginia Code § 16-3C-5

Remedies and penalties
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(a) Any person aggrieved by a violation of this article has right of action in the circuit court
and may recover for the violation:
(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 edisease control of the United States Public Health Service.

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