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  • Nerve-Sparing Cystectomy Preserves Sexual Function

    Nerve-Sparing Cystectomy Preserves Sexual Function

    Cystectomy is a major surgery that requires the removal of the bladder and the creation of a urinary diversion. It’s a component of treatment for many patients with bladder cancer and may be an option for patients with other conditions, like neurogenic bladder and fistula repair. Now, surgeons at Cleveland Clinic are increasingly using nerve-sparing techniques for cystectomy that preserve sexual function and quality of life without compromising cancer treatment.

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    “There’s been a shift in the urologic cancer community in terms of prioritizing quality-of-life outcomes without compromising cancer treatment,” says Nima Almassi, MD. “Historically, cystectomy has been performed with a wide resection to maximize oncologic treatment and avoid positive margins and cancer recurrence.”

    Prospective studies have shown that patients generally report positive quality-of-life outcomes across most domains following cystectomy, with a few exceptions. Body image, especially for patients who need a stoma, urinary function, and sexual function tend to be areas where patients report a decreased quality of life. For men undergoing cystectomy, a wide (non-nerve sparing) resection will cause severe erectile dysfunction. Nerve-sparing cystectomy represents one method of potentially improving quality of life outcomes for men undergoing surgery.

    Postoperative sexual outcomes in men and women

    Urologic oncologists like Dr. Almassi say that many patients don’t need to sacrifice their sexual function because of treatment. For male patients undergoing cystectomy, erectile dysfunction (ED) is a very common side effect, but nerve-sparing cystectomy can help temper it.

    The Cleveland Clinic team has also been focused on improving the bladder cancer experience in women, which includes evaluating similar nerve-sparing and organ-sparing techniques to preserve reproductive anatomy and obviate surgical menopause and sexual dysfunction. Prospective studies ongoing at Cleveland Clinic have shown that women who undergo vaginal-sparing cystectomy appear to have less prolapse than women, but the data are still early when it comes to sexual function.

    Patient selection is key

    Patients eligible for this type of surgery have a good baseline ED and are motivated to preserve it. Additionally, they must be free of specific disease characteristics that could complicate oncologic control, such as cancer abutting or involving the neurovascular bundle. Preoperative MRI imaging can guide patient selection.

    Similarly, aggressive subtypes of bladder cancer with high risk of being locally advanced may not be suitable for a nerve-sparing surgical approach. “In this case, we would not recommend nerve-sparing out of concern it could compromise cancer control,” says Dr. Almassi.

    A positive institutional experience

    Nerve-sparing cystectomy requires the surgeon to dissect the neurovascular bundles off the bladder and prostate. “We have found that this has yielded much better erectile function in patients after surgery without compromising oncologic outcomes. For all patients who we’ve deemed eligible for this, we have not had positive surgical margins,” notes Dr. Almassi.

    Using validated questionnaires, patients report their erectile function about every three months for a year. The team is finding that around six months postoperatively, most patients experience only mild ED, and that remains consistent. Even three months following the surgery, he says, patients typically are recovering well but are often not yet sexually active at this time.

    “Most patients’ erectile function ends up returning to within three points on a 25-point scale from their preoperative baseline, suggesting erectile function can recover to similar levels to what it was before surgery.”

    Part of the center’s protocol is starting patients on tadalafil, and they may still be using it when function is assessed postoperatively, Dr. Almassi remarks.

    The Cleveland Clinic team opts for a robotic approach, owing to better visualization and access to the neurovascular bundle. However, performing this technique with open surgery is also achievable in experienced hands. “The way the field has transitioned, fewer surgeons in high volume centers perform open cystectomy,” he explains.

    A call for screening candidates

    “Optimizing quality of life for our patients is a major focus for our group. Studies show that sexual function declines after cystectomy. We have an opportunity to safely personalize a surgical technique in select patients to help preserve functional outcomes,” says Dr. Almassi. “We certainly encourage our colleagues to consider screening patients who may be good candidates.”

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  • Creative Australia apologises to Khaled Sabsabi for ‘hurt and pain’ after Venice Biennale reinstatement | Australian art

    Creative Australia apologises to Khaled Sabsabi for ‘hurt and pain’ after Venice Biennale reinstatement | Australian art

    The acting chair of Creative Australia has apologised to Khaled Sabsabi and his curator Michael Dagostino for the “hurt and pain” caused by the decision to rescind their Venice Biennale commission, and said their artworks had been “mischaracterised”.

    Wesley Enoch, who took over from a retiring Robert Morgan three months after the then chair told a Senate estimates hearing he would not be resigning over the controversy, apologised to Sabsabi and Dagostino live on air on Thursday, telling ABC RN the artist’s work was not about the glorification of terrorism, as suggested in parliament in February.

    “Those who mischaracterise the work aren’t being honest to the intention of the work or the practice that this artist has, who is an incredibly peace-loving artist in the way that they construct their images,” he said.

    “To Khaled and Michael – I’ve done it in person, but to say it here very publicly, I want to apologise to them for the hurt and pain they’ve gone through in this process.”

    An independent external review by Blackhall & Pearl into Creative Australia’s actions in cancelling Sabsabi’s commission found there was no single or predominant failure of process, governance or decision that had occurred, but there were “a series of missteps, assumptions and missed opportunities that meant neither the leadership of Creative Australia, nor the board, were well placed to respond to, and manage in a considered way, any criticism or controversy that might emerge in relation to the selection decision”.

    The report did not go as far as to list among its nine recommendations the reinstatement of Sabsabi and Dagostino.

    The arts minister, Tony Burke, said on Wednesday he had told Creative Australia’s chief executive Adrian Collette last week that he would support whatever decision the organisation made in the wake of the report’s release.

    But the Greens senator Sarah Hanson-Young said although the decision to reinstate Sabsabi and Dagostino was the right one, it was “a terrible day for the board and CEO of Creative Australia who have disgraced themselves throughout this ordeal”.

    “It is clear that the leadership of Creative Australia needs a clean out in order to rebuild trust within the artistic community and the Australian public,” she said in a statement.

    Also calling for Creative Australia and Burke to “explain themselves” over the backflip was the Liberal MP and shadow minister for the arts, Julian Leeser, who told ABC RN on Thursday that there was “nothing in the report [that] suggested that they needed to remake that decision”.

    “One of the reasons that [Creative Australia] made their decision back in February to withdraw this is because they were concerned about issues in relation to the broader Australian community,” he said.

    “I believe those issues continue to remain, and I believe that Creative Australia should not have unmade their decision that they previously made back in February to withdraw Mr Sabsabi from this exhibition,” he said, adding that Burke needed to explain “how at this time, with this antisemitism crisis that Australia has faced, where we’re a multicultural country, why this particular artist who has this particular history is being chosen to represent our country at this time and receive taxpayer funding to do so”.

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    Sabsabi and Dagostino welcomed the reversal of the decision on Wednesday, saying “it offers a sense of resolution and allows us to move forward with optimism and hope after a period of significant personal and collective hardship”.

    Philanthropist and prominent arts advocate Simon Mordant resigned as Australia’s International Ambassador for the 2026 Venice Biennale after the announcement of Sabsabi and Dagostino’s removal. The resignation ended 30 years of active involvement in the Biennale, including two previous terms as commissioner and leader of the fundraising drive for the new Australian Pavilion in Venice.

    On Wednesday Mordant confirmed that the pair’s reinstatement had led to his re-acceptance of the role, and described Creative Australia’s decision as “a watershed moment for the Australian arts community, whereby we can work towards eliminating any form of racism including antisemitism across the arts industries”.

    “I am confident that the work presented will reflect the highest artistic standards and align with the values I have always upheld – integrity, inclusion, and respect,” he said, going on to reaffirm his position on upholding ethical boundaries in artistic representation.

    “I would never knowingly support an artist or art that glorifies terrorism, racism or antisemitism or went against my values,” he said.

    The chief executive of the National Association for the Visual Arts (NAVA) Penelope Benton, who was highly critical of Creative Australia’s initial decision to cancel the commission, said despite the “messy turn of events”, Creative Australia’s willingness to admit it had got it wrong would go a long way to renewing trust in the transparency and integrity of Australia’s principal arts funding body.

    “Artistic freedom and independent decision-making are fundamental to the role of a national arts body,” she said.

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  • Rare, Recurrent, and Still a Challenge

    Rare, Recurrent, and Still a Challenge

    Despite the rising incidence of rheumatoid arthritis (RA), extra-articular manifestations have become rare in the era of modern treat-to-target therapy. However, they still present clinical challenges — particularly in the case of rheumatoid nodules. In addition to the need to rule out serious differential diagnoses and address potential complications, especially those involving the lungs, these recurrent inflammatory granulomas can affect daily life not only cosmetically but also functionally.

    Christopher Edwards, MD, professor of rheumatology at University Hospital Southampton in Southampton, England, discussed the clinical relevance and management of rheumatoid nodules during the 2025 Annual Meeting of the European Alliance of Associations for Rheumatology.

    When Edwards began his career in rheumatology, the presence of rheumatoid nodules was considered a key diagnostic criterion for RA. If not found on the hands, clinicians often examined the elbows and Achilles tendons, which are also common sites. Histologically, rheumatoid nodules are granulomatous inflammatory lesions that evolve through multiple stages. While often subcutaneous, they can also be found on the sclera, larynx, heart valves, and — most significantly — in the lungs.

    Biopsy When Malignancy Is Suspected

    Pulmonary nodules can present diagnostic difficulties. “I’ve seen patients who were initially told they had lung metastases,” Edwards recalled. Waiting for further imaging and biopsy can be highly distressing for patients. Granulomatosis with polyangiitis can also resemble rheumatoid nodules, further complicating the diagnosis.

    It is especially important to distinguish these nodules from infections such as tuberculosis. Patients with RA are at increased risk for infection due to both the underlying disease and immunosuppressive treatment. Like tuberculomas, pulmonary rheumatoid nodules can undergo central necrosis when exposed to tumor necrosis factor-alpha inhibitors, leading to cavitation or even pneumothorax. “Any cavity in the lung can become infected,” Edwards cautioned.

    Diagnosing Peripheral Nodules

    Diagnosing peripheral rheumatoid nodules is usually straightforward. These nodules typically feel rubbery on palpation and are movable relative to the underlying tissue. Important differential diagnoses include gouty tophi, lipomas, epidermoid cysts, infectious granulomas, sarcoidosis, and neoplastic lesions.

    Imaging tools such as ultrasound or fine-needle aspiration can help clarify the diagnosis, particularly when gout is suspected. “Biopsy is rarely required — only if there’s concern about a neoplastic or malignant process,” Edwards explained.

    Better Disease Control, Fewer Nodules

    “In my practice, I see very few nodules these days,” said Edwards. Epidemiological data support this trend: The 10-year cumulative incidence of subcutaneous nodules in RA patients decreased from 30.9% between 1985 and 1999 to 15.8% between 2000 and 2014.

    Multiple factors likely contributed to this decline, including the earlier initiation of more effective therapies and a reduction in smoking rates. Smoking remains a major risk factor for nodule development, along with long-standing, severe RA, male sex, and seropositivity for rheumatoid factor or anti-cyclic citrullinated peptide antibodies. “Patients with nodules are almost always seropositive,” Edwards noted.

    These findings suggest that maintaining tight control of disease activity is more critical for preventing nodules than concerns about drug-induced nodulosis.

    Little Reason to Discontinue Methotrexate

    “There was a time when we worried that methotrexate might be causing nodules,” Edwards said, referring to anecdotal reports of increased nodulosis after initiating methotrexate (MTX). “But now we’re using more MTX and seeing fewer nodules.”

    He emphasized that the presence of nodules alone should not prompt discontinuation of MTX. “It wasn’t a reason to stop methotrexate back then, and it’s not a reason now — though in some cases, it may justify a more aggressive treatment approach.”

    Other medications — particularly tumor necrosis factor inhibitors like etanercept — have also been linked to nodule development, though Edwards suggested this may reflect reporting bias. “It might not be causal,” he said.

    Often, treatment isn’t necessary. “Sometimes it’s just a matter of observation,” Edwards noted. Painful or functionally limiting nodules may be managed with local glucocorticoid injections to reduce discomfort and soften the nodules. However, he admitted he had never personally injected a rheumatoid nodule.

    He also cautioned against injections over the elbow. “There’s something about the skin and the olecranon bursa that makes infections more likely in that area. I saw one patient who needed plastic surgery after an infection left a significant wound.”

    Rheumatoid nodules also have a tendency to recur.

    When to Consider Surgery

    “Surgery can benefit some patients,” Edwards said. Surgical removal may be warranted for nodules that ulcerate, become infected, or impair function — such as large nodules on the thumb or fingertip that interfere with gripping. “Patients are usually happy to regain function, even if the nodule comes back a couple of years later.” Nodules that are consistently irritated by shoes or clothing straps may also merit removal.

    Pulmonary rheumatoid nodules — unlike subcutaneous ones — often contain B cells and typically respond well to rituximab or abatacept. “These lung nodules tend to shrink or stabilize with rituximab, and certainly, no new ones seem to develop,” Edwards noted. Case reports and small series have also documented improvement with Janus kinase inhibitors.

    This story was translated from Medscape’s German edition.

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  • Google Play Store Warning—Find And Delete All Apps On This List

    Google Play Store Warning—Find And Delete All Apps On This List

    Here we go again. A list of malicious apps has just been published and smartphone users are being urged to root out and delete any still on their devices. The latest report outs more than 350 apps responsible for more than a billion ad bid requests per day.

    This latest report comes courtesy of Human Security’s Satori team, which says it has “disrupted IconAds, a massive fraud operation involving hundreds of deceptive mobile apps that hide their presence and deliver unwanted ads.” this app campaign has been under investigation for some time, but is growing its viral presence.

    ForbesGoogle Chrome Warning—Update Or Stop Using Browser By July 23

    Satori says this “highlights the evolving tactics of threat actors,” and that the scale of threats such as this are similar to BADBOX 2.0, the major IOT threat flagged by the FBI and Google, in which millions of smart TVs and other devices

    Here is the list of IconAds issued by Human; and here is the list of previously known apps flagged by other researchers before this latest report was published.

    This AdWare follows on the HiddenAds threat, but on a much larger scale. The malware takes over devices with unwanted fullscreen ads, generating revenue for its handlers. It even changes app icons top avoid detection and removal.

    “While these apps often have a short shelf life before they’re removed from Google’s Play Store,” Sartorial says, “the continued new releases demonstrate the threat actors’ commitment to further adaptation and evolution.

    Google has now deleted all of apps in the report fromPlay Store, and users with Play Protect enabled will be protected from those apps. But apps are not automatically deleted from devices, and so you should do this manually.

    In Satori’s technical report, it warns that such is the scale of this operation it deployed a dedicated domain for every malicious app, which helped the team compile their list.

    “These domains consistently resolve to a specific CNAME and return a specific message; this means that while the domains were different, they very likely shared the same back-end infrastructure or second-level C2. These and other unique parameters allowed Satori researchers to find more of these domains and associate them back to IconAds.”

    ForbesNever Ask Your AI App This One Question—It’s Dangerous

    The team also warns that the app obfuscation was highly deceptive. In one instance, an app “used a variation of the Google Play Store’s own icon and name. When opened, it automatically redirects into the official app while working in the background.”

    Satori says “the IconAds operation underscores the increasing sophistication of mobile ad fraud schemes. Ongoing collaboration across the digital advertising ecosystem is essential to disrupting these and future fraud operations.”

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  • ‘Beatles’ alum Ringo Starr reveals how old he truly feels

    ‘Beatles’ alum Ringo Starr reveals how old he truly feels

    Ringo Starr feels he hasn’t aged since his mid 20s

    Former Beatles drummer Ringo Starr still feels as young as a 24-year-old.

    The rocker, who turns 85 on July 7, opened up on Wednesday about his milestone birthday.

    “It blows me away. I look in the mirror and I’m 24. I never got older than 24,” Starr told the New York Times.

    Starr indicated that the secret to his vitality is his passion for the drums.

    “I love what I’m doing. When I first started… my mother would come to the gigs. She would always say, ‘You know, son, I always feel you’re at your happiest when you’re playing your drums.’ So she noticed. And I do,” he said. “I love to hit those buggers.”

    Starr also noted that he enjoys spontaneity.

    “I live in the now,” he said. “I didn’t plan any of it. I love that life I’m allowed to live.”

    On the work front, Starr released a country album Look Up in January. In another recent admission, Starr hinted that he may be far from retiring despite frequent considerations.

    “Sometimes when I finish a tour, I’m like, ‘That’s the end for me.’ And all my children say, ‘Oh, Dad, you’ve told us that for the last 10 years.’ And they get fed up with me,” Starr told People Magazine in March.

    “I do feel, ‘Oh, that’s got to be enough,’ and then I get a phone call: ‘We’ve got a few gigs if you’re interested.’ Okay, we’re off again!”


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  • Siemens says US has allowed chip software sales to China to resume – Financial Times

    Siemens says US has allowed chip software sales to China to resume – Financial Times

    1. Siemens says US has allowed chip software sales to China to resume  Financial Times
    2. U.S. lifts chip software curbs on China amid trade truce, Synopsys says  CNBC
    3. Synopsys Issues Statement in Connection to the Lifting of Recent U.S. Export Restrictions Related to China  Yahoo Finance
    4. Synopsys, Cadence set to resume chip design software exports to China  MSN
    5. Synopsys Gets Green Light: US Commerce Department Reverses China Export Ban After Just 35 Days  Stock Titan

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  • Long-duration spaceflight tests the limits of telemedicine

    Long-duration spaceflight tests the limits of telemedicine

    Challenges in space exploration are driving new approaches to delivering eye care in the most inaccessible environments, according to Steven Laurie, PhD, senior scientist and technical lead with the Cardiovascular and Vision Laboratory at NASA’s Johnson Space Center in Houston, Texas.

    His talk at the Heidelberg 2025 International SPECTRALIS Symposium – And Beyond (ISS) spotlighted how technologies originally designed for spaceflight, like the Heidelberg Spectralis OCT2 and portable Mini OCT, are setting the stage for autonomous medical diagnostics in deep space—and potentially in the most remote regions here on Earth.

    Sheryl Stevenson, executive editor with the Eye Care Network, caught up with Laurie to learn how spaceflight is driving innovations in extreme telemedicine—on orbit and beyond.

    Sheryl Stevenson: What are the key takeaways from your presentation?

    Steven Laurie, PhD: Astronauts onboard the International Space Station (ISS) use the Heidelberg Spectralis OCT2 to image their eyes, and these images have revealed structural changes in the retina and optic nerve head. I will discuss the unique approach NASA has developed to support these data collection activities, including use of remote guidance from Earth. I will end by sharing our experience with a new device Heidelberg Engineering is developing, the Mini OCT, that is smaller in mass and volume than the Spectralis, and that will not require the remote guidance from Earth.

    SS: What are the unique ophthalmic challenges that astronauts face during extended space missions, and how is telemedicine being adapted to address them?

    SL: In 2011, the first reports were published documenting the development of optic disc edema and choroidal folds in astronauts flying ~6 month missions to the ISS. Soon after, NASA began using the Spectralis OCT2 to track the development of these findings throughout the mission, and this requires real-time video and communication support from experts on the ground to guide crewmembers in the collection of the OCT images. Over the last 10+ years NASA has used telemedicine to support astronauts in collecting OCT images throughout their spaceflight missions, revealing ophthalmic changes in 60% to 70% of crewmembers.

    SS: Can you describe the technologies or protocols that enable effective diagnosis and intervention when specialists are millions of miles away?

    SL: The ISS orbits ~250 miles above the surface of the Earth, allowing for only ~1-2 second communication delays between experts in mission control, and crewmembers onboard the ISS. We utilize a video feed from within the ISS cabin, 2-way audio, and screen-sharing of the Heidelberg software to collect the OCT images. Images are downlinked and can be reviewed by experts within hours of data collection. Crewmembers receive two 1-hour long training classes on how to use the hardware before their mission. This training utilizes very specific wording and directions to guide crew through acquisition of OCT images.

    SS: How might innovations developed for spaceflight telemedicine translate to patient care in remote or underserved areas here on Earth?

    SL: The experience that NASA has developed in using remote guidance to collect OCT images on the ISS highlights that remote telemedicine for collecting OCT images is possible and can be utilized to generate high-quality data. While this represents a great opportunity for remote or underserved populations, it still requires the hardware to be in the remote location, and for real-time audio, video, and screen-sharing communication with experts at a different location. The advancements with the new Mini OCT device represents the next frontier for patients to access medical devices in remote locations without requiring the communication pathways or additional technicians to support data collection. This expands the opportunity from telemedicine supported in real-time by clinicians, to autonomous data collection that only requires transmission of the final images to clinicians.

    SS: Anything else to add that you feel would be helpful for our audience to know?

    SL: As NASA looks toward sending astronauts back to the Moon and on to Mars, the distance from Earth will limit the real-time communication that we enjoy when crew members are on the ISS. Thus, our ability to utilize remote guidance and real-time communication with experts on the ground will no longer be possible. Technology such as the Mini OCT represents one possible solution to this problem, where astronauts can autonomously collect OCT images on themselves, and then have those images sent back to Earth for assessments by clinical experts. We are excited to see the progression of this technology that may benefit astronauts, as well as patients on Earth.

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  • Google brings Veo 3 to all Gemini app ‘Pro’ subscribers worldwide

    Google brings Veo 3 to all Gemini app ‘Pro’ subscribers worldwide

    Veo 3, Google’s latest video generation model, is now available around the world in the Gemini app for AI Pro subscribers.

    Google’s Josh Woodward announced on Wednesday evening that subscribers in “India, Indonesia, all of Europe, and more are starting to get access to create videos right now.” The full list includes 159 countries.

    Announced at I/O 2025 in May, Veo 3 can generate videos with audio like dialogue, background noise, nature sounds, and more. One use case is including a short story in your prompt. Google touts “real-world physics and accurate lip syncing.”

    Veo 3 was first announced for AI Ultra ($249.99 per month) subscribers, and Google brought it to the AI Pro ($19.99) tier with “Veo 3 Fast” in June. The 720p clips continue to be 8 seconds long. It’s 2x faster (to generate) with various serving optimizations. 

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    The Gemini app will allow Pro subscribers to generate three Veo 3 Fast videos per day. After hitting that limit, you’re back to Veo 2. 

    Google also says there are now “fewer blocks when generating.” Looking ahead, photo-to-video generation is coming. 

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  • Bangladesh’s former leader Hasina sentenced to jail for contempt

    Bangladesh’s former leader Hasina sentenced to jail for contempt

    DHAKA, Bangladesh (AP) — A special tribunal has sentenced Bangladesh’s former leader Sheikh Hasina to six months in jail after she was found in contempt of court for allegedly claiming she had a license to kill at least 227 people.

    Wednesday’s sentence was the first in any case against Hasina since she fled to India during a mass uprising last year that toppled her 15-year rule.

    The contempt case stemmed from a leaked audio recording of a supposed phone conversation between Hasina and a leader of the student wing of her political party. A person alleged to be Hasina is heard on the audio saying: “There are 227 cases against me, so I now have a license to kill 227 people.”

    The Criminal Investigation Department confirmed the audio’s authenticity through forensic analysis.

    The recording showed Hasina’s anger at the charges of murder and numerous other crimes against her under the interim administration of Nobel Peace Prize laureate Muhammad Yunus, who vowed to punish Hasina and her top aides for the deaths of hundreds of people in the uprising against her.

    The sentencing by the Dhaka-based International Crimes Tribunal came as a trial against her being held in absentia on charges of crimes against humanity began in June.

    The tribunal had ordered Hasina and her former home minister to respond by May 15. When they failed to do so, the tribunal summoned them May 25 to appear in court June 16. Later the tribunal asked for notices to be published in newspapers asking Hasina to appear.

    The prosecution said later neither of the suspects appeared before the court or explained their absence through a lawyer. In such circumstances, the tribunal has the authority to issue a sentence under the law.

    Hasina and her Awami League party had earlier criticized the tribunal and its prosecution team for their connection with political parties, especially with the Jamaat-e-Islami party.

    The Yunus-led government has banned the former ruling Awami League party and amended laws to allow for the party to be prosecuted for its role during the uprising.

    In February, the U.N. human rights office estimated that up to 1,400 people may have been killed in Bangladesh over three weeks in the crackdown on the student-led protests against Hasina, who was the country’s longest serving prime minister.

    The tribunal was established by Hasina in 2009 to investigate and try crimes involving Bangladesh’s independence war in 1971. The tribunal under Hasina tried politicians, mostly from the Jamaat-e-Islami party, for their actions during the nine-month war against Pakistan. Aided by India, Bangladesh gained independence from Pakistan under the leadership of Sheikh Mujibur Rahman, Hasina’s father and the country’s first leader.


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  • BC Court certifies new and novel claims in period tracker app class action

    The British Columbia Supreme Court recently certified additional causes of action in a national class action against Flo Health Inc., the operator of a popular menstrual health tracking app. The decision in Lam v. Flo Health Inc., 2025 BCSC 993 underscores the growing judicial scrutiny of how companies handle sensitive personal data, especially in the context of digital health platforms. This case is notable for its focus on intentional data sharing rather than data breaches or hacking, and for its willingness to allow novel contractual claims.

    Background facts & earlier certification decision

    The case centers on allegations that Flo intentionally shared highly sensitive personal and health information provided by users of its Flo Health & Period Tracker App (the “App”) with unrelated third parties, without proper notice or consent. The representative plaintiff, on behalf of a class of all Canadian residents (excluding Quebec), alleged that she relied on Flo’s assurances that her data would remain private when entering information such as menstrual cycles, pregnancies, and symptoms into the App. 

    In Lam v. Flo Health Inc., 2024 BCSC 391, the court previously certified claims for breach of statutory privacy acts, intrusion upon seclusion (outside British Columbia and Alberta), and breach of confidence, but found the breach of contract claim insufficiently pleaded. On leave from the court, the plaintiff subsequently amended her claim to address these deficiencies, specifically alleging that Flo breached both express and implied contractual terms, failed to obtain meaningful consent for data sharing, and violated the duty of good faith and honest performance.

    Analysis of breach of contract

    The plaintiff argued that Flo’s privacy policy, which users accepted through standard “click-wrap” agreements, expressly promised not to share, sell, barter, or rent users’ personal information to third parties. 

    The court found that the amended pleadings now clearly identified these express terms, referencing specific language from the various versions of the privacy policy in effect during the class period. In the alternative, the plaintiff contended that even if the contract did not explicitly prohibit sharing, it was an implied term that Flo would not share users’ sensitive information with third parties. The court accepted these arguments, holding that breach of the alleged express and implied terms was not bound to fail.

    A further aspect of the breach of contract claim was the allegation that Flo failed to obtain “meaningful consent” for the sharing of personal data, as required by the Personal Information Protection and Electronic Documents Act (PIPEDA). The court accepted that PIPEDA’s standards could inform whether Flo had obtained meaningful consent from its users. Although novel, the court held that this approach to the breach of contract claim was also not bound to fail. Flo, for its part, argued that its privacy policies permitted disclosure of personal information to third parties and that the plaintiff’s claims were overly broad. However, the court declined to interpret the policies at the certification stage, finding that such issues should be determined at trial based on a full evidentiary record.

    Analysis on breach of duty of good faith and honest performance

    Turning to the breach of the duty of good faith and honest performance, the plaintiff alleged that Flo misled users about its data sharing practices, thereby undermining the central purpose of the contract protection of privacy. The claim also included allegations that Flo acted dishonestly in the performance of its contractual obligations by assuring users their data would not be shared, while in fact sharing it with third parties. The court found that the pleadings adequately set out material facts to support both a breach of the duty of good faith and the duty of honest performance. The court emphasized that these duties require more than mere non-performance; they require active dishonesty or conduct that nullifies the contract’s core benefit. The court was satisfied that the plaintiff’s allegations, if proven, could meet this threshold.

    The plaintiff also sought the remedy of disgorgement, asking the court to require Flo to surrender any profits made from the alleged misuse of user data. The court held that, in exceptional circumstances where compensatory damages are inadequate and the plaintiff has a legitimate interest in preventing the defendant’s profit-making activity, disgorgement may be available. The pleadings were found sufficient to allow this remedy to proceed to trial.

    Key takeaways

    This case signals a robust approach by courts to privacy and contractual claims in the digital age, with significant implications for any organization that relies on a privacy policy on its website or in an app. Organizations collecting sensitive personal data should review their data-sharing practices to ensure they are appropriately addressed in any privacy policy and consent mechanisms, to ensure they align with evolving legal standards.

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