Free Motion to Compel - District Court of Connecticut - Connecticut

I Case 3:03-cv-00399-SRU Document 23 Filed 01/21[2004 Paget of 4 I
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I DISTRICT OF CONNECTICUT l»·<¤i·*= I- - = I
MARY WARD 1 CIVIL ACTION NO. I
{ : 3:03 CV 399 (SRU) f
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BOSTON SCIENTIFIC CORPORATION : -
AND IVIEDI-TECH ‘ A : JANUARY 19, 2004 I
MOTION TO COIVIPEL
Pursuant to Rule 37 of the Federal Rules of Civil Procedure, the defendants I
hereby respectfully move this Court to issuean order compelling the plaintiff to provide
counsel for the defendants with a copy of the entire record, including any x—rays films or l
other studies, concerning her admission to Yale New Haven Hospital from December N
24, 1985 until January 9, 1986. In the alternative, the defendants request the plaintiff to
provide a properly executed HIPAA authorization so that counsel for the defendants can
obtain the records and films directly. `
This request has been made on numerous occasions to plaintiffs counsel. On I
numerous occasions, plaintiffs counsel has advised that they will produce the above
requested records and films. However, to date, no such records and films have been
_ produced.
In this case, the plaintiff is claiming to have suffered personal injuries when a E
piece of a medical device, specifically a Greenfield Filter, allegedly broke off, migrated
08194.0045 I
Ooo Goodwin Soooro HALLORAN Phone (860) 522-6103 ,
225 M lum Street "ax S60 548-0006 `
Hartfugd, CT 06103 ` & .II·uris(N0.)26l05
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{I Case 3:03-cv-OO39?§RU Document 23 Filed O1/255004 Page 2 of 4 AI
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l towards her spine, and became embedded near her spine allegedly causing her great l
€ pain and discomfort. The Greenfield filter allegedly involved was implanted in the l I
i plaintiff during the aforementioned stay at Yale New Haven Hospital in 1985-1986.
According to the Operative Record that has been disclosed, during the course of
the implantation procedure, the-physician had a great deal of difficulty irnplanting the
device. ln addition, a report on a follow up x-ray taken of the filter that has been l
disclosed notes that the prongs of the device do not appear to be open. The Court
should note that the piece of the device that allegedly broke off is one of the so-called l
prongs.
The plaintiff has disclosed a portion ofthe records from her 1985-1986 stay at l
Yale New Haven Hospital during which the Greenfield Filter was implanted. The
defendants are entitled to review the entire Yale New Haven Hospital record for the
pIaintiff's hospitalization in order to determine if there is any other information in it l
relevant to this case or that would lead to the discovery of admissible evidence. In
addition, perhaps most importantly, the defendants are entitled to attempt to obtain the E
actual x-ray that shows that the prongs were not open in order to review it and have it
evaluated.
The above requested records and films are necessary in order for the defendant l
to properly evaluate and defend this case. PIaintiff's counsel has promised on
numerous occasions to produce the records and films, but, to date, has failed to do so.
The failure of pIaintiff's counsel to produce the records and films is highly prejudicial to
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0**** G°°dWi“ S°l“a"" HALLORl\l\l Phone (860) $22-6102
iri€.&;‘$’l?&Sl'§fé3 & SAGE utr l.i‘3§.‘?;l“,§T’2i‘l%§’°°" l
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Y Case 3:03-cv-OO39?§RU Document 23 Filed O1/22l$OO4 Page 3 of 4 l
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T the defendant and has been impeding the defendant’s ability to fully evaluate and
l defend this case. l
WHEREFORE, for all the foregoing reasons, counsel for the defendant asks that
I this Motion be granted and that the plaintiff be ordered to immediately disclose the .
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requested records and films or, in the alternative, to immediately provi-de a proper V
HIPAA authorization to defendants’ counsel so that they may obtain the records directly. \
THE DEFEN NTS
BOSTON l N CORPORATION z
AND 1-T l
Christopher J. Lynch of Q
HALLORAN 8. SAGE LLP
Fed. Bar #ct 07308
One Goodwin Square J
225 Asylum Street {
Hartford, CT 06103
(860) 522-6103 y
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one o0¤0wm Square HALLQRAN Phone $10) 522-S (102
lumSrcct Fax (S6 548-00
cr 06103 & SAGE LLP 1m1sN¤. 26105

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I Case 3:03-cv-0039 — RU Dochrnent 23 Filed 01/2 J 004 Page 4 of 4 I
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I cERTu=icATioN
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‘ This is to certify that on this 19th day of January, 2004, I hereby mailed a copy of `
I the foregoing to: I
I David H. Johnson, Esq.
I Kennedy, Johnson, D'EIia & Gillooly
I Long Wharf Maritime Center '
545 Long Wharf Drive I
New Haven, CT 06511 . I
Christopher J. Lynch
4382B?.1(HSFP) I
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One oeeewm Square HALLQRAN Phone (seo) 522-6103
x 860 548-0006
Ei.i.?§3$?2€§.i§F$e ee SAGE up i.?.i.‘N..’eeee
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