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Trial Court Judge Allows Pre-Complaint Discovery in a Breach of Privacy Case

By Daniel Cummins on December 18, 2024
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Trial Court Judge Allows Pre-Complaint Discovery in a Breach of Privacy Case

 In his decision in S.S. v. Jefferson/Lehigh Valley Hospital, No. 2024-CV-5812 (C.P. Lacka. Co. Dec. 11, 2024), Senior Judge Carmen D. Minora, by Order only, allowed for certain pre-Complaint discovery in a breach of privacy case involving medical entity Defendants.

In particular, the Court ordered the Defendants to identify for the Plaintiff the appropriate entities to be namedas defendants in the case and that the Defendants were deemed to have waived any procedural contention asserting the erroneous identification of the parties being sued.

The Court also ordered the Defendants to produce the names and contact information of any current or former employees involved in the breach at issue.

The Court also ordered the Defendants to produce an audit trail covering certain dates.

Finally, the Court additionally ordered the Defendants to produce a copy of any internal rules or regulations addressing and advising the Defendant employees that a patient’s right to privacy and freedom from disclosure of personal information must not be breached.

Anyone wishing to review this Order only (no Opinion was issued) may click this LINK.

I send thanks to Attorney Michael Foley of the Foley Law Firm in Scranton, PA for bringing this case to my attention.

Photo of Daniel Cummins Daniel Cummins

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in…

Daniel E. Cummins is a civil litigator and Partner in the Clarks Summit, Pennsylvania law firm of Cummins Law, which is located in northeastern Pennsylvania, just outside of Scranton. He has served as a columnist for the Pennsylvania Law Weekly and appeared in the Best Lawyers in America Director every year since 2015. He is the creator and sole author of Tort Talk, a blog dedicated to discussing updates, trends, and thoughts regarding Civil Litigation Law.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Tort Talk
  • Organization:
    Foley, Comerford & Cummins
  • Article: View Original Source

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