13 Fla. L. Weekly Supp. 906b
Insurance — Personal injury protection — Discovery — Documents — Peer review reports and payments — Insurer’s expert witness is required to produce all medical records review reports prepared in last three years and records of payments for reports
DEBRA BIRNBAUM, D.C. (Kristin Lawton), Plaintiff, vs. PROGRESSIVE CONSUMERS INSURANCE COMPANY, Defendant. County Court, 15th Judicial Circuit in and for Palm Beach County. Case No. 502005 SC 003350 XXXXMB RJ. March 30, 2006. Sandra Bosso-Pardo, Judge. Counsel: Gary Russo, McAfee & Russo, West Palm Beach. Joseph G. Murasko, North Palm Beach.
ORDER ON DEFENDANT’S MOTION FOR PROTECTIVE ORDER AS TO THE DEPOSITION DUCES TECUMITEMS REGARDING DR. JOSEPH COSTELLO
THE CAUSE having come before the Court upon Defendant’s Motion for Protective Order as to the Deposition Duces Tecum Items, filed under Certificate of Service date February 22, 2006, and the Court having heard argument of counsel on March 15, 2006 at 9:30 a.m. and being otherwise fully advised in the premises, it is
CONSIDERED, ORDERED AND ADJUDGED that Defendant’s Motion for Protective Order as to the Deposition Duces Tecum Items number 7 and 8 aredenied. Defendant’s expert isto provide, pursuant to the duces tecum, copies of all medical records, review reports and addendums that Dr. Joseph Costello has dictated and/or prepared at the request of any medical records review scheduling company or insurance company in the past three (3) years, with the names of the patients/insureds redacted to protect patient confidentiality from October, 2003 to the present.
Additionally, there is to be production of copies of all records of payments received by Dr. Joseph Costello for conducting medical records reviews and preparing medicalrecords review reports and addendums at the request of any medical records review scheduling company or insurance company in the past three (3) years from October, 2003 to the present.
The Plaintiff is not required or responsible for any payment pursuant to the costs set forth inthe Affidavit filed byDr. Costello, except for standard copying charges; no surcharges or research time is allowed.
The information is to be provided to the Plaintiff within thirty (30) days from the date of this Order or at the rescheduled deposition.
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