Brown v. Providence Medical Center et al

Filing 115

QUALIFIED PROTECTIVE ORDER granting 82 Motion for Protective Order. Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEFF BROWN, Individually and as
Co-Special Adminstrators of the
Estate of KB, Deceased, and SHERRI
GOTHIER, Individually and as CoSpecial Administrators of the Estate of
KB, Deceased,

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Plaintiffs,
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V.
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PROVIDENCE MEDICAL CENTER, )
Wayne, Nebraska, BENJAMIN J.
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MARTIN, M.D., and MERCY
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MEDICAL SERVICES, Inc., Sioux
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City, Iowa,
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Defendants.
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8:10CV230

QUALIFIED PROTECTIVE ORDER

On March 21, 2011, Defendants filed a Motion for Qualified Protective Order (filing
82) requesting the entry of a qualified protective order in accordance with Health Insurance
Portability and Accountability Act (HIPAA) Privacy Regulations, 45 CFR § 164.512(e).
Along with their motion, Defendants submitted a proposed protective order. On June 6,
2011, this Court issued a memorandum and order informing the parties that a protective order
would not be entered in this case until a revised proposed order, modified so as to conform
with certain requirements, was submitted to the Court. (Filing 114.) Defendants have
complied with the Court’s order and, accordingly, the Court finds that the entry of a qualified
protective order is now appropriate.

IT IS ORDERED:
1.

Defendants’ Motion for a Qualified Protective Order (filing 82) is granted;

2.

The parties and their counsel of record shall be permitted to use and access

KB’s Protected Health Information (PHI), as defined in 45 C.F.R. 160.103 and 164.501, for
the purpose of litigating this action. This includes, but is not limited to, disclosure to the
parties, their counsel of record, the attorneys’ firm (i.e., attorneys, support staff, agents and
consultants), the parties’ insurers, experts, consultants, court personnel, court reporters, copy
services, trial consultants, jurors, venire members, and other entities involved in the litigation
process, and specifically permits defense counsel to use informal discovery methods,
including ex parte communications with KB’s health care providers after giving reasonable,
advance notice to Plaintiffs and/or their counsel of record.
3.

This Qualified Protective Order only covers KB’s PHI for the two-month

period surrounding her death, specifically November 27, 2009 through January 27, 2010.
This Qualified Protective Order does not authorize the parties and their counsel to use and
access KB’s PHI from outside this stated coverage period.
4.

In compliance with the HIPAA Regulations, 45 CFR § 164.512(e)(1)(v), the

parties and their counsel:
a.

are prohibited from using or disclosing KB’s PHI for any purpose other

than the above captioned litigation; and

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b.

must destroy or return any document or other materials, including

originals, copies, extracts or summaries, containing KB’s PHI to the appropriate health care
provider within thirty (30) days from the conclusion of the litigation, inclusive of appellate
action.
5.

The parties or their counsel must provide a copy of this Order to any health

care provider when requesting the production of KB’s PHI and/or prior to any ex parte
communications. Additionally, the parties or their counsel must inform KB’s health care
providers that their participation in any ex parte communications is voluntary and limited by
the aforementioned provisions, including the coverage limitation set forth in Paragraph 3
above.
DATED June 9, 2011.

BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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