Motion For Protective Order

COMES NOW Plaintiff, by and through his attorney, D.J. Banovitz, Esq. and hereby moves this Court for a Protective Order pursuant to C.R.C.P. 26(c) and HIPAA and states as follows:


The Plaintiff, through counsel, sent correspondence dated April 1, 2009. See Exhibit 1. This correspondence included a proposed stipulation to ensure the free flowing exchange of information required by both the prosecution and defense of Plaintiff’s claims and to protect the Plaintiff’s personal health information. Defense Counsels responded that the proposed stipulation was unnecessary since confidential information “shall generally remain confidential”.

1. Plaintiff’s personal information provided through releases or disclosures should not be used by Defendants’ insurers, Young America and Safeco, for statistical purposes such as colossus, the index bureau, or the loss of policy information.

2. Plaintiff relies on C.R.C.P. 26(c), which provides that a court may enter a protective order providing that confidential information be revealed in only a designated way.

3. The Colorado Supreme Court has made clear that Plaintiff need not execute blank releases. See Weil v. Dillon Companies, Inc., 109 P.3d 12 (Colo. 2005); Alcon v. Spicer, 113 P.3d 735 (Colo. 2005).

4. In this case, Plaintiff has not claimed privilege for any medical records, and does not intend to hold back, eliminate, nor claimed as privileged, confidential, or irrelevant any medical records currently in his possession. Accordingly, Plaintiff is not required pursuant to Alcon to provide a medical privilege log with his initial disclosures. Plaintiff merely seeks to have his personal information and its use in this case and subsequent to this case protected.

5. Simply because Plaintiff filed a personal injury case does not allow Defendant nor Defendants insurance carriers Safeco and Young America, to disseminate his personal information any way they see fit. Without protections in place Safeco and Young America could possibly publish all of Plaintiff’s medical records at some time in the future. Plaintiff refuses to rely on Defendants confidentiality policies regarding dissemination of his personal information or upon any good faith representation that those policies will forever remain unchanged and in place.

6. Accordingly, Plaintiff asks this court to issue a protective order with regard to Plaintiff’s personal health information Upon entry of the proposed protective order the disclosure of Plaintiff’s confidential medical information will be under court supervision and direction according to the terms of the order.

WHEREFORE, Plaintiff respectfully requests that the Court enter the proposed Protective Order for the disclosure of Plaintiff’s medical information in this case, which proposed order is HIPAA compliant.