Norris v. Union Pacific Railroad Company

Filing 19

ORDER DIRECTING DISCLOSURE OF PROTECTED HEALTH INFORMATION - The Stipulation and Joint Motion of the Parties, (Filing No. 18 ), is hereby approved and granted. Ordered by Magistrate Judge Cheryl R. Zwart. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DANNY R. NORRIS
Plaintiff,
v.
UNION PACIFIC RAILROAD
COMPANY,

Defendant.

)
)
Civil Action No. 8:17-cv-00180
)
) ORDER DIRECTING DISCLOSURE OF
) PROTECTED HEALTH INFORMATION
)
)
)
)
)
)

The Stipulation and Joint Motion of the Parties, (Filing No. 18), is hereby
approved and granted. The Court finds good cause and ORDERS as follows:

1)

This is an action in which Danny R. Norris alleges that workplace

exposure to certain substances caused Plaintiff to develop cancer. The
Court finds that because the Plaintiff’s physical condition is at issue,
Plaintiff’s past, present, and future medical condition is relevant to the
claims and defenses in this action. The Plaintiff, in claiming damages for
pain and suffering, has also put Plaintiff’s mental health condition at issue
as well.

2)

The Parties and their attorneys are expressly authorized to request

and receive by subpoena or release Plaintiff’s protected health information
from all of Plaintiff’s mental and medical health care providers and health
insurance companies.

3)

The protected health information the Parties may receive includes,

but is not limited to, the following: Insurance records; patient charts,

medical records, mental health records, submissions or reports to
insurance companies, letters or reports to attorneys, correspondence,
reports, memoranda, notes, data, face sheets, prescription records, x rays,
pathology reports, laboratory specimens, slides, radiology films and reports,
billing records and invoices, and any other documents generated by any
facility or received by any facility from all sources relating to the Plaintiff.

4)

Any person or entity in possession of Plaintiff’s protected health

information is hereby ordered to produce such health information in
response to subpoenas or releases issued by the attorneys representing
the Plaintiff or the Defendant in this litigation.

November 13, 2017.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge