United States District Court, S.D. New York
February 25, 2004.
In re: REZULIN PRODUCTS LIABILITY LITIGATION (MDL No. 1348); This Document Relates to: All Cases
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
PRETRIAL ORDER NO. 237
(HIPPA Compliant Protective Order)
Defendants have moved for an order pursuant to the HIPPA Privacy
Rule Regulations, 45 C.F.R. § 164.512(e). The motion is unopposed. The
Court finds that good cause exists for the entry of this protective
order. Accordingly, it is hereby
ORDERED, as follows:
1. The motion [docket item 1747] is granted.
2. The Order applies to all "protected health information" (as defined
under the Health Insurance Portability and Accountability Act ["HIPPA"]
and the Federal Regulations adopted pursuant thereto) which is provided
on or after February 2, 2004 by a Covered Entity (as defined by
45 C.F.R. § 160.103) that receives a request for protected health information
by subpoena, request to produce or other lawful process in connection
with this litigation.
3. Such protected health information shall be used or disclosed for the
sole purpose of preparing for or conducting this litigation including,
without limitation, discovery, depositions, trial preparation, and trial,
and shall not be used or disclosed for any other purpose.
4. The defendants and their agents, as part of preparing for or
conducting this litigation, may without further notice disclose such
protected health information to the defendants' attorneys (including
their professional and support staffs), experts, consultants, treating
physicians, other health care providers, liability insurers for any of
the parties involved in this litigation, court reporters, copy services,
and other similar vendors to the defendants and their attorneys for their
use with respect to this litigation.
5. The defendants and their agents shall destroy such protected health
information, including all copies made, at the conclusion of this
litigation and all proceedings, including the exhaustion of all appellate
rights by the defendants.
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