O'Boyle v. Jensen

150 F.R.D. 519, 1993 U.S. Dist. LEXIS 13213, 1993 WL 370566
CourtDistrict Court, M.D. Pennsylvania
DecidedSeptember 17, 1993
DocketNo. 3:CV:92-1602
StatusPublished
Cited by21 cases

This text of 150 F.R.D. 519 (O'Boyle v. Jensen) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O'Boyle v. Jensen, 150 F.R.D. 519, 1993 U.S. Dist. LEXIS 13213, 1993 WL 370566 (M.D. Pa. 1993).

Opinion

MEMORANDUM

McCLURE, District Judge.

BACKGROUND

Plaintiff Regina O’Boyle filed this civil rights action1 individually and in her capacity as Administratrix for the Estate of James P. O’Boyle, deceased, alleging that the decedent’s civil rights were violated by the conduct of Wilkes-Barre, Pennsylvania police officers following his arrest on September 14, 1991 for public drunkenness.2 O’Boyle was found unconscious while in police custody and taken to a local hospital where he died a few hours later. Plaintiff alleges that his death was the result of injuries inflicted by officers of the Wilkes-Barre Police Department and their subsequent failure to obtain prompt medical attention for him.

Before the court is plaintiffs motion for a temporary stay, a protective order, and an order quashing subpoenas duces tecum and records deposition notices directed to medical care providers (Record Document No. 48). For the reasons discussed below, plaintiffs motion will be denied as to all records requested.

DISCUSSION

Timeliness of record requests

Plaintiff argues that all of the outstanding subpoenas duces tecum issued by defendants should be quashed as untimely because the subpoenas were issued on July 31, 1993. Plaintiff points out that the scheduling order entered February 11, 1993 directs that all discovery be completed by August 3, 1993. The responses to defendants’ record document requests were not due until August 13, 1993, which plaintiff asserts was ten days beyond the court’s discovery deadline.

The subpoenas at issue are addressed to third parties, not to the plaintiff. The discovery deadline established by the court precludes parties from conducting any further discovery addressed to each other or requiring one another’s presence or participation, e.g. discovery in the form of interrogatories or depositions. It was not intended to preclude, and does not preclude, parties from gathering additional information on their own case or that of their opponent through independent lines of inquiry not directed to, or requiring the participation of, the other side.

Plaintiffs request to quash the subpoenas as untimely will, therefore, be denied.

Federal privilege

Plaintiff also protests the release of certain medical records on the grounds that the information which they contain is privileged under federal and state statutory law. Privileges against disclosure survive the death of the party possessing them, but can, and should be waived, if it can be shown that waiver is in the best interest of the decedent. State ex rel. Armstrong, Teasdale, Schlafly, and Davis v. Kohn, 850 S.W.2d 86, 91 (Mo.1993) (dissent) and Leritz v. Koehr, 844 S.W.2d 583, 584 (Mo.1993). Plaintiff sues individually and in her capacity as Administratrix of O’Boyle’s estate. She has the capacity as O’Boyle’s personal representative to assert or waive privileges he possessed against disclosure.

Plaintiff asserts that some of the records which defendants have subpoenaed contain references to treatment for drug and alcohol abuse undergone by O’Boyle. Federal law prohibits the release of medical records disclosing treatment for drug or alcohol abuse and declares such records confidential. Section 290dd-2(a) of Title 42 provides:

Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to substance abuse education, prevention, training, treatment, rehabilitation or [521]*521research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e) of this section, be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section.

42 U.S.C. § 290dd-2(a). Release of such records is authorized pursuant to a court order issued upon a showing of good cause. The statute provides that in assessing whether good cause exists, “the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services.” 42 U.S.C. § 290dd-2(b)(2)(C). It also provides that in making its determination, the court should consider imposing appropriate safeguards to guard against unauthorized disclosures. Id. See also: 42 C.P.R. §§ 2.1 to 2.67.

Here, we find that good cause exists for release of the records. Plaintiff is suing to recover for the death of O’Boyle as a result of injuries he allegedly received while in police custody. The cause of death is at issue. It is plaintiff who filed this action placing in controversy the cause of O’Boyle’s death. It would be incongruous now to permit her to invoke a privilege to prevent the release of medical records which may have a direct bearing on that issue. Chronic alcoholism and drug abuse unquestionably have a physical, as well as a mental and emotional, impact on their sufferers. The possibility cannot be ruled out at this stage that O’Boyle’s death may have resulted from a pre-existing condition related to alcoholism or drug abuse. We therefore find that good cause exists for the release of the records and that federal statutory and regulatory law do not mandate their continued concealment.

Our ruling goes only to the discoverability of the records at issue. Whether the records will be admissible at trial is an entirely separate issue on which we make no ruling at this time.

Pennsylvania privilege

Pennsylvania law places additional restrictions on the release of alcohol/drug abuse treatment records. The Pennsylvania confidentiality statute tracks federal law to the extent the patient records sought were “prepared or obtained” pursuant to the Pennsylvania Drug and Alcohol Abuse Control Act3, providing for the release of such records upon a showing of “good cause”. Pa.Stat.Ann. tit. 71, § 1690.108(b). Section 1690.108(b) provides, in relevant part:

All patient records ... prepared or obtained pursuant to this act, [the Pennsylvania Drug and Alcohol Abuse Control Act] shall remain confidential, and may be disclosed only with the patient’s consent ... Disclosure may be made for purposes unrelated to ... treatment or benefits only upon an order of a court of common pleas after application showing good cause therefor. In determining whether there is good cause for disclosure, the court shall weigh the need for the information sought to be disclosed against the possible harm of disclosure to the person to whom such information pertains, the physician-patient relationship, and to the treatment services, and may condition disclosure of the information upon any appropriate safeguards ____

Id.

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Cite This Page — Counsel Stack

Bluebook (online)
150 F.R.D. 519, 1993 U.S. Dist. LEXIS 13213, 1993 WL 370566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oboyle-v-jensen-pamd-1993.