Tripp v. United States of America

Filing 91

HIPAA QUALIFIED PROTECTIVE ORDER, Signed by District Judge Judith E. Levy. (WBar)

United States District Court
Eastern District of Michigan
Amy Tripp, Conservator of RRKC, a
minor,
Plaintiff,
v.

Civil No. 21-12859
Honorable Judith E. Levy

United States of America,
Defendant.

HIPAA Qualified Protective Order and Order Authorizing Disclosure of
HIPAA Information

This matter involves allegations of medical malpractice and claims for future
medical damages. During discovery, the parties requested and subpoenaed RRKC’s
medical records and deposed RRKC’s treating physicians. Discovery is closed and
trial is set for July 2024. Plaintiff and the United States have listed RRKC’s medical
records and numerous treating physicians in their Fed. R. Civ. P. 26(a)(3) pre-trial
disclosures. Therefore, RRKC’s medical treatment and conditions remain at issue
for trial. Accordingly, in order to facilitate the parties’ preparation for trial and
presentation of relevant evidence in an efficient manner, the Court finds it
appropriate to enter an order under the Health Insurance Portability and

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Accountability Act and 45 C.F.R. § 164.512(e)(1) to permit the parties to
communicate with RRKC’s treating medical providers in order to determine whether
the witnesses possess relevant information, whether the information possessed by
each witness warrants calling them to testify at trial, and, if so, to prepare the
efficient presentation of the witness’s trial testimony.
It is hereby ORDERED that, as authorized by the Health Insurance
Portability and Accountability Act and 45 C.F.R. § 164.512(e)(1), that RRKC’s
examining, testing and/or treating doctors, nurses and other medical personnel may
discuss their impressions of RRKC’s respective medical conditions and treatments
with counsel for the parties.
It is further ORDERED that counsel for defendant is prohibited from using
any such discussed or provided healthcare information for any purpose other than as
a part of this litigation.
It is further ORDERED that counsel shall provide a copy of this order to
RRKC’s examining, testing and/or treating doctors, nurses and other medical
personnel before the medical provider discloses RRKC’s protected healthcare
information covered by HIPAA.
It is further ORDERED that counsel shall provide clear and explicit notice to
RRKC’s medical providers about the purpose of the interview and counsel must
inform RRKC’s medical providers that they are not required to speak to defense

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counsel. Counsel will also inform RRKC’s medical providers that they may have an
attorney of their choosing present at the interview.
It is further ORDERED that, pursuant to 45 C.F.R. § 164.512(e)(1)(v), upon
completion of this litigation, counsel for defendant shall destroy any copies of any
documentary healthcare information received from any health care provider based
on this order.
IT IS SO ORDERED.
Date: June 3, 2024
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon
counsel of record and any unrepresented parties via the Court’s ECF System to their
respective email or first-class U.S. mail addresses disclosed on the Notice of
Electronic Filing on June 3, 2024.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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