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Judge Approves HIPAA Protective Order for Auto Accident

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St. Clair County Associate Judge, Heinz Rudolf, has approved a HIPAA Protective Order to allow the defendants in a wrongful death lawsuit to have access to the two victims’ medical information.

A lawsuit was filed against Access Courier, Inc., Contractor Solutions, LLC – Senad Hodzic and Alfredo McGee – by the plaintiff, Debra Dyer-Webster, for an accident which occurred on Oct. 25, 2013 and resulted in fatal injuries being suffered by two minors. Damages of 1.5 million are being sought.

In the compliant, it is alleged that the two victims of the fatal automobile accident – Alicea McGee and Anastashia McGee – were killed as a result of Senad Hodzic failing to keep his vehicle under control, not paying sufficient attention, failing to keep a sufficient lookout and failing to “pull a vehicle off the traveled portion of the highway.” At the time of the accident, Hodzic was employed by Access Courier and Contractor Solutions.

Alicea and Anastashia McGee were traveling in a 2000 Chevrolet Impala in the northbound lane of Interstate 55 in Macoupin County when the vehicle became disabled. A Ford Econoline E250 driven by Senad Hodzic smashed into the back of the Impala and the impact caused catastrophic and fatal injuries to be suffered by the two McGee children.

According to the defendants, “[the driver] McGee, drove while under the influence of alcohol or drugs and drove his vehicle at a such a slow speed below the minimum speed limit that he blocked the normal movement of traffic.”

Consent Motion for HIPAA Qualified Protective Order Passed

Under the Health Insurance Portability and Accountability Act (HIPAA), the victims’ medical records are protected and cannot be disclosed to any third party without authorization. Access Courier and Contractor Solutions believed that the plaintiffs’ medical information should be provided to the defense team and that the defendants were entitled to see this information.

A consent motion for a HIPAA qualified protective order was filed on March 23 in order for ACCS to “independently collect and secure the medical bills of Alicia McGee, Anastashia McGee, Alea Shannon, Alfredo McGee Jr. and Armondo McGee.”

On March 24, Judge Heinz Rudolf deemed the request to be acceptable, under the circumstances, and that the medical information has been ordered to be released. A case management conference has been scheduled for May 28, by Circuit Judge Robert LeChien.

Author: HIPAA Journal

HIPAA Journal provides the most comprehensive coverage of HIPAA news anywhere online, in addition to independent advice about HIPAA compliance and the best practices to adopt to avoid data breaches, HIPAA violations and regulatory fines.

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