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WELLS v. GENERAL DYNAMICS INFORMATION TECHNOLOGY, INC., 5:12-CV-18 (MTT). (2012)

Court: District Court, M.D. Georgia Number: infdco20120504870 Visitors: 15
Filed: May 01, 2012
Latest Update: May 01, 2012
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiff's Motion for Reconsideration (Doc. 130) of the Court's Order instructing the Plaintiff to sign the medical authorizations provided by the Defendants (Doc. 129). For the following reasons, the Motion is GRANTED in part and DENIED in part. After the entry of the Court's Order, the Plaintiff signed eleven of the medical releases, but refused to sign nine. The Plaintiff claims that six of the health car
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ORDER

MARC T. TREADWELL, District Judge.

This matter is before the Court on the Plaintiff's Motion for Reconsideration (Doc. 130) of the Court's Order instructing the Plaintiff to sign the medical authorizations provided by the Defendants (Doc. 129). For the following reasons, the Motion is GRANTED in part and DENIED in part.

After the entry of the Court's Order, the Plaintiff signed eleven of the medical releases, but refused to sign nine. The Plaintiff claims that six of the health care providers "provided medical care to the Plaintiff that is both related and unrelated, to matters involving the Defendants." (Doc. 130, Health Care Providers 1, 4, 6, 8, 10, and 16). The Plaintiff claims that three of the health care providers "provided no medical care to the Plaintiff that is in any way related to matters involving the Defendants." (Doc. 130, Health Care Providers 13, 15, and 17).

I. Health Care Providers 1, 4, 6, 8, 10, and 16

The Plaintiff claims that these six health care providers provided medical care to the Plaintiff that is both related and unrelated to the matters in this case. First, it is not unusual that a provider's records in a claim involving personal injury will contain some information not related to the Plaintiff's claimed injuries. That does not mean, however, that the records are not discoverable. Second, the Plaintiff proposes no way to determine which medical records are discoverable and medical records are not. Therefore, the Plaintiff's Motion for Reconsideration is DENIED with regard to these health care providers. The Plaintiff is again ORDERED to sign the medical authorizations for the following health care providers:

1. Dr. Ferial Walid Primary Family Medicine 110 Woodcrest Blvd. Warner Robins, GA 31093 4. Dr. Becky L. Campbell Baggett and Campbell 500 Spillers Way Warner Robins, GA 31088 6. Dr. Thomas H. Williamson 310-B Margie Drive Warner Robins, GA 31088 8. Dr. Alan G. Struth Internal Medicine and Rheumatology 1037 North Houston Road Warner Robins, GA 31093 10. Dr. Peter O. Holliday, III Coliseum Northside Hospital 420 Charter Blvd., Suite 402 Macon, GA 31210 16. Dr. Daniel Snow 15001 Dufief Mill Road Gaithersburg, MD 20878

II. Health Care Providers 13, 15, and 17

The Plaintiff claims that these three health care providers administered no medical care to the Plaintiff related to this case.

A. Health Care Provider 13

The Plaintiff claims that Health Care Provider 13, the Nexus Pain Center of Houston's medical care is unrelated to this case. However, given the time frame of her care and the nature of the treatment, presumably pain treatment, the Nexus Pain Center of Houston records are discoverable. Therefore, the Plaintiff's Motion for Reconsideration is DENIED with regard to the medical records from Nexus Pain Center of Houston. The Plaintiff is again ORDERED to sign the medical authorization for the following health care provider:

13. Nexus Pain Center of Houston 100 Jim Mason Court Warner Robins, GA 31088

B. Health Care Providers 15 and 17

The Plaintiff claims that Health Care Providers 15 and 17, Piedmont Colorectal Associates' and Dr. Julia C. Korenman's medical care are unrelated to this case. The Plaintiff does not explain to the Court why these medical records are not discoverable. However, both health care providers provide medical services related to gastroenterology and colon/rectal health. It is not apparent to the Court why medical records of this nature would be discoverable. The Defendants have set forth no reasons as to why medical records of this nature are discoverable. Therefore, the Plaintiff's Motion for Reconsideration is GRANTED with regard to the medical records from Piedmont Colorectal Associates and Dr. Julia C. Korenman.1

III. Conclusion

For the above reasons, the Plaintiff's Motion is GRANTED in part and DENIED in part. (Doc. 130). The Plaintiff has until Friday, May 4, 2012, to sign and forward the medical authorizations for Health Care Providers 1, 4, 6, 8, 10, 13, and 16 to the Defendants' Counsel at:

Halima Horton 1170 Peachtree Street, NE Suite 2100 Atlanta, GA 30309.

SO ORDERED.

FootNotes


1. The Defendants are welcome to advance specific reasons as to why the Plaintiff's medical records regarding gastroenterology and colon/rectal health are discoverable.
Source:  Leagle

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