Clinical Trial Records Not Privileged After Redaction of Documents, S.D. N.Y. Rules

NEW YORK - Judge Lewis Kaplan has ruled that he will permit the compelled production of medical records of certain patients who participated in clinical trials of Rezulin in Texas if the patients' identities are removed. In re: Rezulin Products Liability Litigation (MDL No. 1348), No. 00cv2843 (S.D. N.Y.).

In his Dec. 20 decision, Judge Kaplan denied two doctors' motion to quash a subpoena by plaintiffs of the medical records, concluding that the documents were not protected by physician-patient privilege if the identities of the patients were removed.

Because the cases are diversity cases, the issue before the court was …