Court Orders Discovery of Minor Plaintiff's Medical Records

RIVERHEAD, N.Y. - A New York court granted a defendant landlord's motion to compel discovery of a minor tenant's pre-natal and birth records, saying his parents waived any privilege by placing the child's health at issue in a lawsuit against the landlord. Douze v. Solomon, No. 2003-27712 (N.Y. Sup., Suffolk Cty.).

Lorraine and Roland Douze Jr. sued Michael D. Solomon and his real estate firm, MDS Realty Associates, alleging personal injuries to themselves and five children from exposure to mold. Among the claims were that mold exposure caused cognitive dysfunction in their son, Roland Solomon Douze.

Solomon asked the …