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Personal Inj. Med. Malpractice | New York Southern
Order
Pursuant to the Court's order on July 27, 2026, Defendant-hospital submitted for in camera review copies of the anesthesia report and case spec attendance sheets from the C-section performed prior to Plaintiff's C-section, subject to redactions, and a letter providing an explanation of the documents. (ECF No. 122). After conducting an in camera review, the Court declines to revisit its prior ruling denying production of the anesthesia report from the prior C-section in the form requested. The Court confirmed that the anesthesia report does not contain relevant information on the in-and-out timing of personnel present that would be responsive to Plaintiffs' interrogatories. But Defendant-hospital's cover letter explaining the anesthesia report provides more information than what Defendant-hospital had disclosed in its responses to Plaintiffs' interrogatories. Specifically, Defendant-hospital's cover letter states that the anesthesia record indicates (1) the time that the anesthesia for the non-party patient was commenced and the time that it was discontinued, and (2) the names of the surgeon and anesthesiologist involved in the prior C-section. This additional information in Defendant-hospital's cover letter is relevant to the extent that Plaintiffs seek the anesthesia report from the prior C-section to resolve a discrepancy in timing or corroborate the timing of personnel present in Plaintiffs' C-section. Thus, by August 17, 2026, Defendant-hospital is directed to supplement its interrogatory responses by providing to Plaintiffs the additional information on (1) the time that the anesthesia for the non-party patient was commenced and the time that it was discontinued, and (2) the names of the surgeon and anesthesiologist identified in the anesthesia report. Finally, the parties are directed to submit a joint status letter by September 4, 2026, confirming that fact discovery is complete. (SO ORDERED by Magistrate Judge Victoria Reznik) (Text Only Order) (jm)
On August 6, 2026, the Court received Defendant-hospital's in camera submission of certain medical records from the prior C-section. (ECF No. 122). To facilitate the Court's in camera review, Defendant-hospital is directed to submit a copy of its responses to Plaintiffs' interrogatories relating to personnel and their in-and-out timing at the prior C-section. (See ECF No. 122). Defendant-hospital must e-mail those materials directly to Chambers by August 10, 2026. (SO ORDERED by Magistrate Judge Victoria Reznik) (Text Only Order) (jm)
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