Boyle, E. v. Main Line Health

CourtSuperior Court of Pennsylvania
DecidedJanuary 10, 2022
Docket728 EDA 2021
StatusUnpublished

This text of Boyle, E. v. Main Line Health (Boyle, E. v. Main Line Health) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyle, E. v. Main Line Health, (Pa. Ct. App. 2022).

Opinion

J-A27022-21

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

ERIN BOYLE AND STEPHEN BOYLE, : IN THE SUPERIOR COURT OF PARENTS AND NATURAL GUARDIANS : PENNSYLVANIA OF BB, A MINOR, AND IN THEIR : OWN RIGHT : : Appellant : : : v. : No. 728 EDA 2021 : : MAIN LINE HEALTH, INC., MAIN LINE : HOSPITALS, INC., MAIN LINE : HEALTHCARE, AND SCOTT BAILEY, : MD :

Appeal from the Order Entered March 16, 2021 In the Court of Common Pleas of Montgomery County Civil Division at No(s): No. 2019-15082

BEFORE: PANELLA, P.J., DUBOW, J., and McCAFFERY, J.

MEMORANDUM BY McCAFFERY, J.: FILED JANUARY 10, 2022

Erin and Stephen Boyle, parents and natural guardians of B.B., a minor,

(collectively, “the Boyles”), appeal from the order entered March 16, 2021, in

the Montgomery County Court of Common Pleas, striking their objections to

subpoenas filed by Main Line Health, Inc., Main Line Hospitals, Inc., Main Line

Healthcare, and Scott Bailey, M.D. (collectively, “the Main Line Defendants”).1

The Boyles argue the trial court erred when it struck their objections because

the subpoenas sought Stephen Boyle’s mental health records, which are

____________________________________________

1As will be discussed infra, the Boyles assert the order at issue is appealable as a collateral order pursuant to Pa.R.A.P. 311. J-A27022-21

protected by the psychiatrist-patient privilege.2 For the reasons below, we

reverse the order striking the Boyles’ objections and remand this case for

further proceedings.

On June 6, 2019, the Boyles initiated this action by filing a complaint

against the Main Line Defendants seeking damages for injuries suffered by

their minor son, B.B., during his birth.3 The complaint asserted claims for

professional negligence — against both the doctor and hospital — negligent

infliction of emotional distress with regard to both Erin and Stephen Boyle,

and loss of consortium, with regard to Stephen Boyle only. See Boyles’

Complaint, 6/6/19, at ¶¶ 38-54. After the Main Line Defendants filed

preliminary objections, the Boyles filed an amended complaint on September

3, 2019, which removed Stephen Boyle’s claim for negligent infliction of

emotional distress, but retained his claims for damages for past and future

“emotional pain and suffering” and loss of consortium. See Boyles’ First

Amended Complaint, 9/3/19, at ¶¶ 38, 54-58.

During discovery, the Main Line Defendants served the Boyles with

notice of their intent to subpoena psychiatrists, Christine Huddleston, M.D.,

and Jane Mathisen, M.D., seeking Stephen Boyle’s complete medical records.

On November 23, 2020, the Boyles filed objections to the subpoenas claiming

2 See 42 Pa.C.S. § 5944.

3The facts surrounding B.B.’s birth on September 2, 2017, and underlying the Boyles’ claims, are not relevant to this appeal.

-2- J-A27022-21

that the records sought contained privileged information.4 See Boyles’

Objection to Defendants’ Subpoena Directed to Dr. Christie Huddleston

Pursuant to Rule 4009.12 at ¶¶ 5-7; Boyles’ Objection to Defendants’

Subpoena Directed to Jane Mathisen, MD, Pursuant to Rule 4009.12 at ¶¶ 5-

7. The Main Line Defendants filed a motion to strike the Boyles’ objections.

After argument, the trial court granted the motion to strike on March 16, 2021.

The Boyles filed a notice of appeal that same day.

The following day, March 17, 2021, the Boyles filed an emergency

motion to stay the March 16th order pending their appeal. Thereafter, on

March 22, 2021, the trial court entered two orders: (1) an order granting

the stay pending oral argument scheduled for March 31st; and (2) an order

directing the Boyles to file a Pa.R.A.P. 1925(b) concise statement of errors

complained of on appeal within 21 days, that is, by April 12, 2021.5 See

Orders. 3/22/21.

4The Boyles asserted that “[t]he proper procedure for discovery of the medical records requested by the subpoena[s] . . . is for [the Boyles’] counsel to review the documents and the[n] provide the discoverable documents to the Defendants[, along with] a privilege log [to] identify which, if any, documents were not produced” and the reasons why they were not produced. Boyles’ Objection to Defendants’ Subpoena Directed to Dr. Christie Huddleston Pursuant to Rule 4009.12, 11/23/20, at ¶ 2; Boyles’ Objection to Defendants’ Subpoena Directed to Jane Mathisen, MD, Pursuant to Rule 4009.12, 11/23/20, at ¶ 2.

5We note the trial court docket indicates that notice of the filing of both orders was provided to the parties that same day pursuant to Pa.R.C.P. 236. See Docket, 3/22/21; Pa.R.C.P. 236(a)(2), (b) (requiring the prothonotary to (Footnote Continued Next Page)

-3- J-A27022-21

Following oral argument on March 31st, the trial court entered an order

on April 5th, granting the Boyles’ motion to stay pending the outcome of this

appeal. On April 27, 2021, the trial court’s staff attorney emailed the Boyles’

attorney, inquiring as to the status of the Rule 1925(b) statement. That same

day, the Boyles filed a Rule 1925(b) statement in the trial court.

On May 31, 2021, the trial court issued an opinion, suggesting that the

Boyles waived all of their claims by failing to file a timely Rule 1925(b)

statement. See Trial Ct. Op., 5/31/21, at 3. The court noted that the Boyles

only filed their concise statement after the judge’s law clerk reached out to

the parties. Id. Alternatively, the trial court asserted the order on appeal is

interlocutory, and not appealable as of right. See id. at 3. Furthermore, the

trial court opined the order did not qualify as a collateral order, immediately

appealable pursuant to Pa.R.A.P. 313(b). See id. at 4-6. The court found

that Stephen Boyle waived any psychiatrist-patient privilege “[b]y placing his

mental and emotional health at issue in this action.” Id. at 6. Thus, the court

suggested we quash this appeal.

On June 16, 2021, the Main Line Defendants filed an Application to

Quash with this Court alleging that the order on appeal is interlocutory and

does not qualify as a collateral order, and that the Boyles waived all claims for

review by failing to file a timely Pa.R.A.P. 1925(b) statement. See Main Line

provide written notice of entry of order to each party’s attorney and “note in the docket the giving of the notice”).

-4- J-A27022-21

Defendants’ Application to Quash Appeal and to Suspend Briefing Schedule,

6/16/21, at 2-3. Following receipt of the Boyles’ response, this Court issued

a per curiam order on September 24th, denying the application to quash

without prejudice to the Main Line Defendants’ right to reassert the issue in

their appellate brief. See Order, 9/24/21.

The Boyles raise the following two, related issues on appeal:

1. Whether the trial court erred when it granted [Main Line Defendants’[ ] Motion to Strike the Boyles’ Objections to Defendants’[ ] Proposed Subpoena to psychiatrist Jane Mathisen, M.D., because the subpoena seeks Stephen Boyle’s mental health records from his psychiatrist, which could and/or do contain privileged information pursuant to 42 Pa.C.S. § 5944 (psychiatrist-patient privilege)[?] Having dismissed his claim for negligent infliction of emotional distress, and in accordance with binding Superior Court precedent, Stephen Boyle has not waived the psychiatrist-patient privilege.

2.

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Boyle, E. v. Main Line Health, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyle-e-v-main-line-health-pasuperct-2022.