But hospitals have been reluctant to produce the information. The University of Michigan refused several weeks ago based on privacy grounds, spokeswoman Kallie Michels said Wednesday. [snip]Michels said Wednesday that the Justice Department issued a subpoena for records of certain abortions performed by Dr. Timothy Johnson in the last three years. Johnson is one of seven plaintiffs.
Michels said the hospital would consider providing information as long as names and other identifying information is removed. She said the university is waiting to see if the court orders it to provide that information.
She added that Johnson has told Michigan attorneys that he does not think the hospital has performed any of the type abortions at isssue in the last three years. Johnson's attorneys at the American Civil Liberties Union refused to comment on the case Wednesday.[snip]
U.S. District Judge Richard Casey, who is hearing the case in New York, expressed frustration last week at hospitals' reluctance to turn over the records, according to a court transcript of a meeting with attorneys
In response to an attorney for the plaintiffs, who said the plaintiffs cannot force hospitals to surrender the records, Casey said he will "not let the doctors hide behind the shield of the hospital."
"They didn't have to be plaintiffs. They chose to be, and now they are going to get it done," Casey said.
Bet he's really sorry he allowed himself to play plaintiff--would like to know how he managed to get himself in that position! My guess is that he was recruited by activists and didn't realize he'd end up in the glare, and his patients, too.
As for the patient's privacy, I don't see why names would have to be withheld. They can expect to be called as witnesses.
Casey, the judge, talks sense. The case was brought by the plaintiffs, and then these same plaintiffs don't want evidence brought by the defendants? Haw.