Defendants in a wrongful death action alleging two minor girls were fatally injured in an automobile accident have been granted a request for a HIPAA qualified protective order for access to the minors’ medical information.
Plaintiff Debra Dyer-Webster filed the Oct. 20 lawsuit against Access Courier, Inc., Contractor Solutions, LLC, Senad Hodzic and Alfredo McGee.
According to her complaint, Dyer-Webster alleges Alicea McGee and Anastashia McGee were riding in a 2000 Chevrolet Impala that had become disabled in the northbound lanes on Interstate 55 in Macoupin County on Oct. 25, 2013. The suit claims Hodzic smashed into the back of the Impala while driving a Ford Econoline E250. Hodzic was working for Access Courier and Contractor Solutions at the time of the accident, the suit states.
As a result of the collision, Alicea and Annastashia McGee suffered severe and catastrophic injuries that led to their deaths, the complaint states.
Dyer-Webster blames the defendants for causing the collision, saying they negligently failed to keep their vehicle under proper control, failed to keep a proper lookout and failed to pull a vehicle off the traveled portion of the highway.
Dyer-Webster seeks a judgment of more than $1.5 million, plus costs.
Access Courier and Contractor Solutions argue McGee drove while under the influence of alcohol or drugs and drove his vehicle at a such a slow speed below the minimum speed limit that he blocked the normal movement of traffic.
Access Courier and Contractor Solutions filed a consent motion for a HIPAA qualified protective order on March 23, arguing that they are entitled to the plaintiffs’ health information, with is protected by the Health Insurance Portability and Accountability Act (HIPAA).
Therefore, they seek to “independently collect and secure” the medical bills of Alicia McGee, Annastashia McGee, Alea Shannon, Alfredo McGee Jr. and Armondo McGee.
Associate Judge Heinz Rudolf approved the protective order on March 24.
Circuit Judge Robert LeChien scheduled a case management conference for May 28 at 9:30 a.m.
Access Courier and Contractor Solutions are represented by Kevin L. Fritz and Patrick E. Foppe of Lashly & Baer in St. Louis.
Hodzic is represented by David O. Hesi of the Law Offices of Bingley, Hart & Hesi in St. Louis and Todd Sivia of Sivia Business & Legal Services in Edwardsville.
The plaintiff is represented by Thomas Q. Keefe Jr. of Keefe and Keefe in Belleville.
St. Clair County Circuit Court case number 14-L-701