Justice Timothy J. Dufficy


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City Ice Pavilion (CIP) moved to compel Siracusa, and non-parties Lipton and Montefiore Advanced Medical Imaging (MAMI) to provide a complete MRI with diffusion tensor imaging (DTI) examination of Siracusa, including all control group data that was part of her neuro-radiological exam. Lipton and MAMI cross-moved for a protective order. Siracusa participated in an ALS ice bucket challenge at a rink owned by CIP and allegedly sustained injuries, including traumatic brain injury. She had an MRI-DTI, and Lipton provided an analysis, leading to a conclusion that Siracusa had abnormally low fractional anisotrophy levels—consistent with traumatic axonal injury, but also consistent with other non-traumatic causes. Siracusa disclosed the DTI report and defendants demanded authorizations for the complete data set, but she refused. The court noted it previously decided the dispositive issue raised herein regarding the same information defendants sought. It quashed a subpoena demanding MRI-DTI data base information finding it was not under Lipton’s control and contained identifying and confidential information protected by HIPAA. As such, the court declined to subjugate privacy interests when same was unnecessary. Hence, the cross-motion for a protective order was granted.