Goodin v. Bahder et al, No. 2:2020cv00017 - Document 27 (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. 20 ) is GRANTED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)
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Goodin v. Bahder et al Doc. 27 Case 2:20-cv-00017-TOR ECF No. 27 filed 07/30/20 PageID.153 Page 1 of 8 1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 ELLIOTT D. GOODIN, NO. 2:20-CV-0017-TOR Plaintiff, 8 9 10 v. DR. GREGORY BAHDER and DR. DODDS SIMAGEN, ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER 11 Defendants. 12 13 BEFORE THE COURT is Defendants’ Motion for Order to Produce 14 Medical Records and Enter Protective Order (ECF No. 20). This matter was 15 submitted for consideration without oral argument. The Court has reviewed the 16 record and files herein, and is fully informed. For the reasons discussed below, 17 Defendants’ Motion to Produce Medical Record and Enter Protective Order (ECF 18 No. 20) is granted. 19 20 This case concerns Plaintiff’s allegations that Defendants administered an antipsychotic medication to Plaintiff to which he is allergic while he was confined ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 1 Dockets.Justia.com Case 2:20-cv-00017-TOR ECF No. 27 filed 07/30/20 PageID.154 Page 2 of 8 1 at Eastern State Hospital. Defendants seek production of medical and mental 2 health records relating to Plaintiff’s medication history, medical condition history, 3 and behaviors potentially justifying the use of antipsychotic medications in the 4 time period leading up to the events at issue in this case. ECF No. 20. Plaintiff 5 opposes this discovery, arguing that Plaintiff has already provided his own medical 6 evidence in support of his claims. ECF No. 21. It is true that Plaintiff has 7 produced some medical records, but Defendants are entitled to seek additional 8 discovery to support their defenses. The Court finds that the current request is 9 relevant and proportional to the needs of the case. Fed. R. Civ. P. 26(b)(1). 10 11 12 ACCORDINGLY, IT IS HEREBY ORDERED: 1. Defendants’ Motion to Produce Medical Records and for Protective Order (ECF No. 20) is GRANTED. 13 1. Production of the following medical records and/or mental health records 14 shall be done in accordance with and subject to the following provisions: 15 a. Because of the large number of documents which may contain 16 discoverable material and the extraordinary amount of time and 17 expense involved in producing redacted documents, un-redacted 18 documents that include personal information such as social 19 security numbers, dates of birth and home addresses of state 20 employees and/or applicants will be provided in discovery. It is ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 2 Case 2:20-cv-00017-TOR ECF No. 27 filed 07/30/20 PageID.155 Page 3 of 8 1 recognized that such personal information is highly confidential 2 and should not be shared or disseminated in any way except in 3 accordance with the terms of this Order. Therefore, the following 4 protective provisions shall be followed. 5 b. All records containing confidential personal information provided 6 in discovery are provided solely for use in connection with the 7 prosecution and/or defense of any claims in this litigation and 8 neither the documents nor their contents may be used or 9 disseminated by any person or entity for any other purpose. 10 11 Records are to be produced without redactions. c. Dissemination of the documents is limited to the attorneys for the 12 parties to this action who may provide copies of the documents, as 13 necessary, to lay and expert witnesses for review. Any witness 14 who receives any documents must be provided with a copy of this 15 Order, must abide by these protective provisions, and may not 16 provide the documents, the contents of the documents, or copies of 17 the documents to any other person. All copies provided to 18 witnesses must be returned to counsel immediately after they are 19 no longer needed by the witness. 20 ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 3 Case 2:20-cv-00017-TOR 1 ECF No. 27 filed 07/30/20 PageID.156 Page 4 of 8 d. The documents/contents of the documents containing confidential 2 personal information shall not be otherwise disseminated or 3 distributed or made public in any way and, if it becomes necessary 4 to file any of these documents, the documents must be filed under 5 seal. 6 e. Within 30 days of the conclusion of this matter by entry of a final 7 order or order terminating review, all documents and copies 8 thereof must be destroyed and/or returned to counsel for Eastern 9 State Hospital. 10 2. Any and all medical records of Plaintiff produced in discovery either by a 11 signed release or subpoena shall be subject to the terms of this protective 12 order. The Court hereby orders that the following records are relevant 13 and/or may lead to discoverable material and shall be produced in 14 discovery and subject to the protections as set out herein: 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 health care provider, nurses technicians or other Eastern ELLIOTT GOODIN EASTERN STATE HOSPITAL ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 4 Case 2:20-cv-00017-TOR 1 ECF No. 27 filed 07/30/20 PageID.157 Page 5 of 8 State Hospital employees having contact with Elliott Goodin: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 X-rays, medical charts, medical EASTERN STATE HOSPITAL records, notes, etc. (took x-ray of David Tu Nguyen, DO/LE injured hand) Radiologist Suzanne Bemis Eastern State Hospital 850 Maple Street Medical Lake, WA 99022 Description of Mental Health • Each and every document relating and/or Medical Records relevant or referring to Haldol or and included in the records haloperidol. maintained by the above • Each and every document relating providers: or referring to side effects from the administration of Haldol or haloperidol. • Each and every document relating or referring to adverse reactions from the administration of Haldol or haloperidol. • Each and every document relating or referring to Elliott Goodin experiencing swelling in his legs. • Each and every document relating or referring to Elliott Goodin’s cardiovascular health, including his pacemaker. • Each and every document relating or referring to Elliott Goodin’s history of involuntary treatment with antipsychotics. • Each and every document relating or referring to cardiovascular side effects from the administration of antipsychotic medication. • Each and every document relating or referring to adverse cardiovascular reactions from the ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 5 Case 2:20-cv-00017-TOR ECF No. 27 filed 07/30/20 1 2 • 3 • 4 5 6 7 8 • 9 10 11 • 12 13 14 • 15 16 17 18 19 20 • PageID.158 Page 6 of 8 administration of antipsychotic medication. Each and every document relating or referring to Elliott Goodin’s medication history. 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, 2019. 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, 2019. 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, 2019. Each and every document referring or relating to any allegedly assaultive behavior of Elliott Goodin toward any staff member at Eastern State Hospital from September 1, 2018, through December 1, 2019. Each and every document referring or relating to Elliott Goodin’s behavior and staff observations and interactions for the two weeks preceding and following November 13, 2018, ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 6 Case 2:20-cv-00017-TOR ECF No. 27 1 filed 07/30/20 PageID.159 Page 7 of 8 and the week of June 13-20, 2019. • 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 September 1, 2018, through December 1, 2019. • Any records of reported injuries and treatment or examination of Elliott Goodin for reported physical injuries, including swelling of the legs, occurring while he was confined at Eastern State Hospital from January 1, 2015, to December 1, 2019. 2 3 4 5 6 7 8 9 10 Place and Manner of Production requested 11 12 13 14 Eastern State Hospital shall produce by electronic copy on PDF file and/or computer disc the above identified records directed to Defendant’s counsel. Defendants counsel to provide copies or make records available for review to Plaintiff in a form acceptable to Eastern State Hospital based upon security and safety measures applicable to patients. 15 16 // 17 // 18 // 19 // 20 // ORDER GRANTING MOTION FOR ORDER TO PRODUCE MEDICAL RECORDS AND FOR PROTECTIVE ORDER ~ 7 Case 2:20-cv-00017-TOR 1 ECF No. 27 filed 07/30/20 PageID.160 Page 8 of 8 3. The District Court Executive is directed to enter this Order and furnish 2 copies to counsel. 3 DATED July 30, 2020. 4 5 THOMAS O. RICE 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 ~ 8
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