Cotton v. Watson et al

Filing 47

PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 11/2/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LEONARD C. COTTON, SR., #16347,

)
)
Plaintiff,
)
)
vs.
)
)
SHERIFF RICHARD WATSON, MAJOR )
PHILLIP MCLAURIN, and CAPTAIN
)
THOMAS TRICE,
)
)
Defendant.
)

Case No. 15-cv-00477-JPG-DGW

DEFENDANTS DEMAND
TRIAL BY JURY

HIPAA QUALIFIED PROTECTIVE ORDER
This matter is before the Court on the Motion for Protective Order filed by
Defendants, Sheriff Richard Watson, Major Phillip McLaurin, and Captain
Thomas Trice on September 21, 2016, (Doc. 43). The motion is GRANTED.
The motion seeks protection of records of Plaintiff, Leonard Cotton, who is
believed to have obtained healthcare and medical treatment while at and subsequent to
his incarceration at the St. Clair County Jail. A protective order to restrict the use of
records of healthcare and medical treatment is in accord with the Health Insurance
Portability and Accountability Act (HIPAA). Rule 26 of the Federal Rules of Civil
Procedure permits litigants to seek an order to protect relevant and discoverable material.
Defendant stipulates that Plaintiff's medical records will only be used for the purposes of
this litigation, and that a protective order will secure Plaintiff's protected health
information from unauthorized disclosure. The Court finds that good cause exists for
issuance of an order permitting limited disclosure of such information, and that entry of
this Order is appropriate pursuant to federal Rule of Civil Procedure 26(c).

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THEREFORE, IT IS HEREBY STIPULATED AND ORDERED:
1.

During the course of this litigation, it may be necessary for the parties or

their attorneys to disclose protected health information of Plaintiff, Leonard Cotton, as
that term is defined under the Health Insurance Accountability and Portability Act
(HIPAA) and the Federal Regulations enacted pursuant to said Act.
(a)

All protected health information disclosed by any healthcare
providers shall be used for the sole purpose of preparing for or
conducting this litigation, including, but not limited to
investigation, consultation, discovery, depositions, trial
preparation, trial, appeal, resolution, mediation, or uses incidental
to the proceeding in the case and shall not be disclosed or revealed
to anyone not authorized by this Protective Order.

(b)

Protective health information pursuant to this HIPAA Qualified
Order may include information related to sexually transmitted
disease, genetic testing, HIV, behavioral or mental health services,
and treatment for alcohol and drug abuse;

(c)

Protected health information may be disclosed without further
notice by any covered entity or healthcare provider, party or
parties’ attorney, to:
(1)

the parties themselves, parties’ attorneys, experts,
consultants, any witness or other person retained or called
by the parties, treating physicians, other healthcare
providers, insurance carriers, or other entities from whom
damages, compensation, or indemnity is sought and any
entity performing, monitoring, or adjustment activities on
behalf of such insurance carrier or other entity and/or their
employees, agents, or third-party administrators for any of
the parties involved in activities as permitted under 45
C.F.R. 164.512, court reporters, copy services, other
similar vendors to the parties and their attorneys, as well as
the professional and support staff of all of the above.

(2)

The parties, and each entity governed by this Order shall
either (a) destroy, or (b) return to the entity who originally
produced it, all protected health information, including all
copies made, provided, however, that said protected health
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information may be retained in the files of the entities listed
in paragraph (1) above and may be destroyed pursuant to
their regular file retention policies so long as the protected
health information is maintained in a secure environment.
IT IS SO ORDERED.
DATED: November 2, 2016

DONALD G. WILKERSON
United States Magistrate Judge

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