United States District Court, S.D. Ohio, Eastern Division, Columbus
In re OHIO EXECUTION PROTOCOL LITIGATION, This relates to Plaintiff James Frazier
A. Sargus, Jr. District Judge.
ORDER DIRECTING THE OHIO STATE UNIVERSITY WEXNER
MEDICAL CENTER TO PRODUCE PLAINTIFF JAMES FRAZIER'S
COMPLETE MEDICAL RECORDS
Michael R. Merz United States Magistrate Judge.
case is before the Court on non-Party The Ohio State
University Wexner Medical Center's (“OSUWMC”)
Motion to Quash the Subpoena Duces Tecum propounded
by Plaintiff James Frazier on November 12, 2019 (ECF No.
2659). OSUWMC argued that the medical records sought by
Frazier's counsel via subpoena are protected by the
Health Insurance Portability and Accountability Act of 1996
(“HIPAA”), Pub. L. 104-191, 110 Stat. 1936, and
that OSUWMC has received neither an order from this Court nor
the “satisfactory assurance” of Frazier himself
such that disclosure is allowed under the applicable
regulations (Motion, ECF No. 2659, PageID 131758-60, citing
45 C.F.R. § 164.512(e)(1)(i-ii)). However, after this
Court ordered Frazier's counsel and counsel for OSUWMC to
confer to potentially narrow the scope of disagreement,
agreement was reached. Specifically, “there is
agreement that a court order is the appropriate vehicle to
satisfy the specific concerns of counsel for OSUWMC and
counsel for Mr. Frazier.” (Memo. in Opp., ECF No. 2671,
PageID 132656, 132658).
accordance with this Court's Supplemental Order, (ECF No.
2672), Frazier's counsel and counsel for OSUWMC submitted
a proposed order for this Court's consideration, and
counsel for OSUWMC timely filed his Declaration of Compliance
with Protective Order (see ECF No. 1830, PageID
74386-87). The Court now ORDERS the production of all of
Plaintiff James Frazier medical records by OSUWMC to
Plaintiff Frazier's counsel.
and Procedure for Production of Medical Records
before the close of business on January 6, 2020, OSWMC shall
produce a complete, certified copy of all records and images
in their possession regarding James P. Frazier, born January
29, 1941,  to his trial attorney, Lisa Lagos. If the
records and images were created digitally, they shall be
produced in their native digital format.
records shall include, but are not limited to emergency
department records; discharge information; history and
physical exam(s); consult; progress notes; nursing note;
therapy notes; plan of care; operative/procedure reports;
laboratory reports; pathology reports; radiology reports;
x-rays/imaging, including all imaging that may have been
conducted at any time before or after the 11/17/2017 imaging
describe below; all communications between OSUMWC and
corrections staff concerning Mr. Frazier's medical
condition before he was transferred to OSUWMC, during his
treatment at OSUWMC, and after his release from OSUWMC.
records shall also include all records and images identified
in the subpoena served upon OSUWMC by counsel for Frazier
(ECF No. 2642-1):
• All reports, records, and images in their native
digital format, including, but not limited to, the MRI images
of Mr. Frazier's brain that were captured on or about
11/17/2017, and the CT scan of his head that was taken on or
about 11/14/2017. These images are to be produced in the
format in which they were captured and the format necessary
to review them without loss of integrity of the images. These
file formats may include, but are not limited to, all major
file formats currently used in medical imaging: Analyze,
Neuroimaging Informatics Technology Initiative (Nifti), Minc,
and Digital Imaging and Communications in Medicine, otherwise
known as the standard DICOM format.
• All notes, chart notes, diagnosis, rule-out diagnosis,
prognosis, referrals, communications to OSU staff regarding
Mr. Frazier, and communications from OSU staff regarding Mr.
Frazier. Communications include but are not limited to,
electronic email, call logs, and internal communications
systems employed by OSU. OSU staff includes but is not
limited to, employees, medical residents, students, interns,
and independent contractors. All of Mr. Frazier's records
from H. Wayne Slone, M.D.; Gretchen G. Cordero, M.D. All of
Mr. Frazier's records from any person involved in taking
his MRI on or about 11/17/2017, and the CT scan of his head
taken on or about 11/14/2017.
• OSU Clinic: All of James
Frazier's records from any of the OSU hosted clinics at
the Ohio Department of Correction and Rehabilitation Franklin
Medical Center located at 1990 Harmon Avenue Columbus, Ohio
above documents and images shall be produced by delivering
the files on an electronic storage device (DVD, flash drive,
etc.) to Frazier's trial attorney on or before January 6,
compliance with the Protective Order governing the disclosure
of medical and mental health records in this litigation, all
such records produced must be marked as “CONFIDENTIAL:
SUBJECT TO PROTECTIVE ORDER” pursuant to the July 6,
2018, Protective Order (ECF No. 1830). Any such records shall
only be filed under seal after proper ...