Opinion
Master File (MDL No. 1348) 00 Civ. 2843 (LAK) This Document Relates to: All Cases
March 18, 2002
PRETRIAL ORDER NO. 66 (Motion to Compel — Washington University School of Medicine)
The PEC moves to compel compliance by the Washington University School of Medicine with a subpoena calling for the production, inter alia, of medical records of three patients who were enrolled in a clinical trial at that institution. The motion was occasioned by the School's refusal to comply on grounds of patient-physician privilege. The School, however, after obtaining an extension of time within which to respond to the present motion, has filed no papers in opposition.
The School's position, as set forth in its correspondence with the PEC, is without merit. As this Court already has noted, discovery of properly redacted third-party medical records is consistent with the Missouri privilege. Rezulin Prods. Liab. Litig., 178 F. Supp.2d 412, 416 n. 19 (S.D.N.Y. 2001) (citing State ex rel. Benoit v. Randall, 431 S.W.2d 107 (Mo. 1968) (en banc)). Accordingly, the motion, as limited by the PEC's memorandum is granted and the subpoena enforced. Documents shall be redacted to protect patient identifying information in accordance with the criteria established in the Court's prior rulings.
SO ORDERED.