Goodin v. Vercoe et al, No. 2:2018cv00392 - Document 44 (E.D. Wash. 2020)
Court Description: ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER. Defendants Motion to Produce Medical Records and for Protective Order (ECF No. 36 ) is GRANTED. Signed by Chief Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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Goodin v. Vercoe et al Doc. 44 1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 ELLIOTT D. GOODIN, NO. 2:18-CV-0392-TOR Plaintiff, 8 9 10 11 12 v. IKE (ROBERT) VERCOE, ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER Defendant. BEFORE THE COURT is Defendant’s Motion for Order to Produce 13 Medical Records and to Enter Protective Order (ECF No. 36). This matter was 14 submitted for consideration without oral argument. The Court has reviewed the 15 record and files herein, and is fully informed. For the reasons discussed below, 16 Defendant’s Motion for Order to Produce Medical Records and Enter Protective 17 Order (ECF No. 36) is GRANTED. 18 This case concerns Plaintiff’s allegations that Defendant assaulted Plaintiff 19 and broke Plaintiff’s hand while Plaintiff was confined at Eastern State Hospital. 20 Defendant seeks production of medical and mental health records relating to ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 1 Dockets.Justia.com 1 Plaintiff’s hand injury and Plaintiff’s interactions with others in the time period 2 leading up to the alleged assault. ECF No. 36. Plaintiff opposes this discovery, 3 arguing that it is not relevant and that the Court previously denied a similar 4 discovery request. ECF No. 39; see ECF No. 36. Although the Court did deny a 5 prior discovery request as overly broad, the current request is more narrowly 6 tailored in scope. The Court finds that the current request is relevant and 7 proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). 8 ACCORDINGLY, IT IS HEREBY ORDERED: 9 10 1. Defendant’s Motion to Produce Medical Records and for Protective Order (ECF No. 36) is GRANTED. 11 2. Production of the following medical records and/or mental health records 12 shall be done in accordance with and subject to the following provisions: 13 a. Because of the large number of documents which may contain 14 discoverable material and the extraordinary amount of time and 15 expense involved in producing redacted documents, un-redacted 16 documents that include personal information such as social 17 security numbers, dates of birth and home addresses of state 18 employees and/or applicants will be provided in discovery. It is 19 recognized that such personal information is highly confidential 20 and should not be shared or disseminated in any way except in ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 2 1 accordance with the terms of this Order. Therefore, the following 2 protective provisions shall be followed. 3 b. All records containing confidential personal information provided 4 in discovery are provided solely for use in connection with the 5 prosecution and/or defense of any claims in this litigation and 6 neither the documents nor their contents may be used or 7 disseminated by any person or entity for any other purpose. 8 9 c. Dissemination of the documents is limited to the attorneys for the parties to this action who may provide copies of the documents, as 10 necessary, to lay and expert witnesses for review. Any witness 11 who receives any documents must be provided with a copy of this 12 Order, must abide by these protective provisions, and may not 13 provide the documents, the contents of the documents, or copies of 14 the documents to any other person. All copies provided to 15 witnesses must be returned to counsel immediately after they are 16 no longer needed by the witness. 17 d. The documents/contents of the documents containing confidential 18 personal information shall not be otherwise disseminated or 19 distributed or made public in any way and, if it becomes necessary 20 ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 3 1 to file any of these documents, the documents must be filed under 2 seal. 3 e. Within 30 days of the conclusion of this matter by entry of a final 4 order or order terminating review, all documents and copies 5 thereof must be destroyed and/or returned to counsel for Eastern 6 State Hospital. 7 3. Any and all medical records of Plaintiff produced in discovery either by a 8 signed release or subpoena shall be subject to the terms of this protective 9 order. The Court hereby orders that the following records are relevant 10 and/or may lead to discoverable material and shall be produced in 11 discovery and subject to the protections as set out herein: 12 13 14 15 16 17 18 19 20 Records Relevant to the Litigation and Ordered for Production Include: Name of Patient: Identity of Provider/Custodian of Records (includes hospital, clinic, physician, psychiatrist, counselor, therapist, or any other mental health and/or healthcare provider, nurses, technicians, or other Eastern State Hospital employees having contact with Elliott Goodin): Elliott Goodin Eastern State Hospital X-rays, medical charts, medical records, notes, etc. to be produced from: Eastern State Hospital David Tu Nguyen, DO/LE Radiologist Suzanne Bemis Eastern State Hospital 850 Maple Street Medical Lake, WA 99022 ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Description of Mental Health and/or Medical Records relevant and included in the records maintained by the above providers: • Each and every document relating or referring to any allegation, suspicion, incident, or disciplinary action relating to inappropriate and/or aggressive behavior by Elliott Goodin towards staff and/or patients at Eastern State Hospital from September 1, 2018 through December 1, 2018. • Each and every document referring or relating to Elliott Goodin threatening other patients or acting inappropriately toward other patients from September 1, 2018 through December 1, 2018. • Each and every document referring or relating to any seclusion or intervention with Elliott Goodin by staff at Eastern State Hospital from September 1, 2018 through December 1, 2018. • Each and every document referring or relating to Elliott Goodin’s behavior and staff observations and interactions for the two weeks preceding and following the incident of seclusion at issue in the litigation. • Each and every document referring or relating to any measures taken to prevent Elliott Goodin from engaging in assaultive behavior toward staff at Eastern State Hospital from ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 5 1 • 2 3 4 5 • 6 7 8 • 9 10 11 • 12 13 14 Place and Manner of Production Requested: 15 16 17 18 19 20 September 1, 2018 through December 1, 2018. Each and every document referring or relating to any measures taken to prevent Elliott Goodin from engaging in assaultive behavior toward patients at Eastern State Hospital from September 1, 2018 through December 1, 2018. Any records of complaints by Elliott Goodin against staff at Eastern State Hospital from September 1, 2018 through December 1, 2018. Any records of reported injuries and treatment or examination of Elliott Goodin for reported physical injuries occurring while he was confined at Eastern State Hospital. Any and all records of an injury to Elliott Goodin’s hand. Eastern State Hospital shall produce by electronic copy on PDF file and/or computer disk the above identified records directed to Defendant’s counsel. Defendant’s counsel to provide copies or make records available for review to Plaintiff in a form acceptable to Eastern State Hospital based on security and safety measures applicable to patients. // // ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 6 1 2 3 The District Court Executive is directed to enter this Order and furnish copies to counsel. DATED March 10, 2020. 4 5 THOMAS O. RICE Chief United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 7
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