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IN RE REZULIN PRODUCTS LIABILITY LITIGATION

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.

20040225

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