This week, a state court ruling gave an Arizona man a second chance to sue Costco for possibly violating his right to medical privacy.

In his original lawsuit, the man claims Costco violated federal privacy laws when it kept filling an erectile dysfunction prescription that he claimed he never ordered and repeatedly told the pharmacy to dismiss.

It became an embarrassment when he asked his ex-wife, whom he was reconciling with at the time, to pick up another prescription.

His lawsuit claims Costco violated its own privacy policy and the federal Health Insurance Portability and Accountability Act (HIPPA) when it handed over the prescription with the unwanted medicine to his former wife.

The case was dismissed in a lower court under the premise that Costco, had not violated the federal health insurance laws.

On Tuesday, the state Court of Appeals ruled that HIPPA does not block the man from suing Costco for negligence if it's addressed in state court.