MEDVED v. THE COUNTY OF WESTMORELAND et al

Filing 30

ORDER granting 26 Motion for Discovery, as more fully stated in the Order. Signed by Judge Cathy Bissoon on 12/15/2011. (dad)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN H. MEDVED,
Plaintiff,
v.
THE COUNTY OF WESTMORELAND,
et al.,
Defendants.

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Civil Action No. 10-775
Judge Cathy Bissoon

ORDER
Before this Court is parties‟ consent motion to compel non-party White Deer Run, Inc.
(“White Deer”) to release records relating to Plaintiff‟s treatment at its facility. Plaintiff has
provided a release for these records; however, White Deer has refused to produce them, citing to
71 P.S. § 1690.108, which precludes the release of records of drug and alcohol treatment, except
in limited circumstances.
It is well established under Pennsylvania law that the statutory privilege relating to
confidentiality of records created by 71 P.S. § 1690.108 is waived by the filing of a law suit that
puts such records at issue – provided that said records pertain to treatment undergone by
Plaintiff. Kraus v. Taylor, 710 A.2d 1142, 1146 (Pa. Super. Ct. 1998), allocator granted 727
A.2d 1109 (Pa. 1999), allocatur dismissed as improvidently granted, 743 A.2d 451 (Pa. 2000).
Waiver of medical privilege in such circumstances is recognized by the federal courts, as well.
See, e.g., O‟Boyle v. Jensen, 150 F.R.D. 519, 521-22 (M.D. Pa. 1993) (“It has long been
established that the privilege of confidentiality in medical records „evaporates‟ when the patient
brings a personal injury action which calls into question his physical or mental condition”)
(internal citations omitted). Given that: (1) Plaintiff himself filed the instant lawsuit putting his

physical and mental condition at issue; and (2) according to the motion sub judice, Plaintiff has
consented to the release of the requested records, see (Doc. 26 ¶ 5), it is clear that any privilege
with respect to these document has been waived.1 Accordingly, the following order is entered.
AND NOW, this 15th day of December, 2011,
IT IS HEREBY ORDERED that White Deer Run, Inc., shall comply with the properly
executed authorizations for release of information and produce all records that it has regarding
the Plaintiff, John H. Medved.

s\Cathy Bissoon
Cathy Bissoon
United States District Judge
cc (via ECF email notification):
All Counsel of Record

1

Indeed, White Deer‟s position is nothing short of baffling, as the law on this issue was
explained to them in great detail in 2009 by Chief Judge Kane of the Middle District of
Pennsylvania. See Megonnell v. Infotech Solutions, Inc., No. 1:07-cv-02339, 2009 WL 3857456
(M.D. Pa. Nov. 18, 2009) (granting a protective order to White Deer in a situation where the
records sought related to an individual who was not a party to that suit, and who had not
consented to disclosure).
2