Thigpen v. Shah et al
PROTECTIVE ORDER. Signed by Magistrate Judge Donald G. Wilkerson on 10/11/16. (sgp)
UNITED STATES DISTRICT COURT
Southern District of Illinois
Case Number 3:16-cv-753-NJR-DGW
DOCTOR VIPEN SHAH, SUZAN BAILEY,
DIRECTOR OF IDOC, WARDEN
Judge Magistrate Donald G. Wilkerson
QUALIFIED PROTECTIVE ORDER
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R. §
164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and
ORDERS as follows:
The parties and their attorneys are hereby authorized to receive, subpoena and
transmit “protected health information” pertaining to Plaintiff to the extent and subject to the
conditions outlined herein.
For the purposes of this qualified protective order, “protected health information”
shall have the same scope and definition as set forth in 45 C.F.R. § 160.103 and 164.501.
Protected health information includes, but is not limited to, health information, including
demographic information, relating to either (a) the past, present, or future physical or mental
condition of an individual, (b) the provision of care to an individual, or (c) the payment for care
provided to an individual, which identifies the individual or which reasonably could be expected
to identify the individual.
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All “covered entities” (as defined by 45 C.F.R. § 160.13) are hereby authorized to
disclose protected health information pertaining to Plaintiff to attorneys representing the Plaintiff
and Defendant in the above-captioned litigation.
The parties and their attorneys shall be permitted to use or disclose the protected
health information of Plaintiff for purposes of prosecuting or defending this action including any
appeals of this case. This includes, but is not necessarily limited to, disclosure to their attorneys,
experts, consultants, court personnel, court reporters, copy services, trial consultants, and other
entities or persons involved in the litigation process.
Prior to disclosing Plaintiff’s protected health information to persons involved in
this litigation, counsel shall inform each such person that Plaintiff’s protected health information
may not be used or disclosed for any purpose other than this litigation. Counsel shall take all
other reasonable steps to ensure that persons receiving Plaintiff’s protected health information do
not use or disclose such information for any purpose other than this litigation.
Within 45 days after the conclusion of the litigation including appeals, the parties,
their attorneys, and any person or entity in possession of protected health information received
from counsel pursuant to paragraph four of this Order, shall return Plaintiffs protected health
information to the covered entity or destroy any and all copies of protected health information
pertaining to Plaintiff, except that counsel are not required to secure the return or destruction of
protected health information submitted to the court.
This Order does not control or limit the use of protected health information
pertaining to Plaintiff that comes into the possession of the parties or their attorneys from a
source other than a “covered entity,” as that term is defined in 45 C.F.R. § 160.103.
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Nothing in this Order authorizes counsel for the Defendants to obtain medical
records or information through means other than formal discovery requests, subpoenas,
depositions, pursuant to a patient authorization, or other lawful process.
This Order does not authorize either party to seal court filings or court
proceedings. The Court will make a good cause determination for filing under seal if and when
the parties seek to file Plaintiff’s protected health information under seal.
IT IS SO ORDERED
DATED: October 11, 2016
DONALD G. WILKERSON
United States Magistrate Judge
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