14 Fla. L. Weekly Supp. 1157a
Insurance — Personal injury protection — Discovery — Independent medical examination — Doctor who performed insured’s IME and who claims that compliance with discovery request for copies of all IME reports and peer review reports performed in last three years is too burdensome is directed to produce all reports in first five boxes of medical records maintained alphabetically or five boxes maintained chronologically beginning with date of insured’s IME
A1 OPEN MRI, INC. as Assignee for Rose Arne, Plaintiff, vs. BRISTOL WEST INSURANCE GROUP, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-014341, Division 56. September 20, 2007. Linda R. Pratt, Judge. Counsel: Glenn Siegel, Lesser Lesser Landy and Smith, for Plaintiff. Jennifer Lucy, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL RESPONSES AND PRODUCTION OF DOCUMENTS AND RESPONSES TO DUCES TECUM REQUESTS #3AND 4 AND/OR MOTION TO STRIKE IME OF DR. MERRIT, AND FOR PARTIAL SUMMARY JUDGMENT REGARDING DEFENDANT’S FIRST AFFIRMATIVE DEFENSE
THIS MATTER having come before the Court on August 29, 2007 and September 6, 2007 on Plaintiff’s Motion to Compel Responses and Production of Documents and Responses to Duces Tecum Requests #3 and 4 and/or Motion to Strike IME of Dr. Merritt, and for Partial Summary Judgment regarding Defendant’s First Affirmative Defense, the Court having heard arguments of counsel and being advised in the premises finds as follows:
FACTS AND PROCEDURAL HISTORY
1. This lawsuit for personal injury protection benefits involves the Defendant’s denial of payment for diagnostic testing performed by the Plaintiff, pursuant to an independent medical examination conducted by Marvin Merrit, D.C. on September 28, 2005.
2. The Records Custodian for Marvin Merrit, D.C. was served with a subpoena for deposition, or to produce documentation requested in lieu of attending the deposition.
3. The Plaintiff’s duces tecum request #3 requested the Records Custodian for Marvin Merrit, D.C. to provide “copies of all reports of all independent medical examinations and peer reviews performed by Marvin Merrit, D.C. for Bristol West Insurance Group in the last three (3) years. If you are unable to differentiate because of third party vendor is involved, then bring all of the reports issued by you and provided to such third party vendor.”
4. Plaintiff’s duces tecum request #4 requested the Records Custodian for Marvin Merrit, D.C. to produce “copies of all reports of all independent medical examinations and peer reviews performed by Marvin J. Merrit, D.C. in the last three (3) years.”
5. Dr. Merrit responded that he would have to review over 200 boxes of medical records which includes his regular patient files, IME’s and peer review files. He estimated that each file would require between 15 minutes to one hour of handling time, and would take anywhere from six to twelve months to complete at a cost of $795,000.00.
IT IS HEREBY ORDERED and ADJUDGED as follows:
6. Plaintiff’s Motion is GRANTED in part. If Dr. Merrit maintains these records alphabetically, then the records custodian for Dr. Merrit is ordered to review the first five boxes and produce all reports of all independent medical examinations conducted and maintained within those first five boxes. If Dr. Merrit maintains these reports by date, then the records custodian for Dr. Merrit is ordered to begin with the box containing September 28, 2005, the date of the IME relative to this case, and produce all IME reports contained within that box, and contained within the next four chronological boxes. All such reports produced may have the names and social security numbers redacted in order to maintain confidentiality, and shall be produced within thirty (30) days from the date of this Order.
