On July 03, 2015 a
Motion,Ex Parte
was filed
involving a dispute between
Kielson, David,
Kielson, Gail,
and
Cooley Dickinson Hospital,
Drinker, M.D., Henry,
Johnson, M.D., Brian D,
Lim, M.D., Albert,
Pioneer Valley Anesthesia,Llc,
Preston, M.D., Linda,
for Torts
in the District Court of Hampshire County.
Preview
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. Superior Court Department
of the Trial Court
Civil Action No.: 2015-0130
DAVID KIELSON, et al.,
Plaintiffs
APPLICATION FOR INSPECTION
AND FOR COPIES OF MEDICAL
RECORDS OF BAYSTATE
NEUROSURGER Y}AMPSHIRE SUPERIOR COURT
JUL 07 2016
dA.
Vv.
COOLEY DICKINSON HOSPITAL, INC., et
al.,
> Whe
Defendants
HARRY Ick
Now comes the defendant, Brian Johnson, M.D. (hereinafter “Defendant”), in the above-
»
entitled action and say that plaintiffs, David Kielson and Gail Kielson (hereinafter “Plaintiffs”),
have brought against him an action of personal injuries; that Defendant is informed and believes
that plaintiff, David Kielson (hereinafter “Mr. Kielson”), has received medical care and
treatment at Baystate Neurosurgery, 2 Medical Center Drive, Suite 503, Springfield, MA 01107;
.
oN that Baystate Neurosurgery will not furnish a copy of its records to Defendant without either
Qo. the consent of Mr. Kielson or a judicial order. Plaintiffs are claiming exacerbation of Mr.
S&S Kielson’s dementia requiring treatment by neuropsychologists and have identified Baystate
Neurosurgery as one of Mr. Kielson’s providers.
Wherefore, Defendant, in accordance with Sup. Ct. Rule 13, respectfully requests the
Court to order and direct Baystate Neurosurgery to permit Defendant, or its attorneys, to inspect
the medical records of Baystate Neurosurgery, including but not limited to, any information,
records or designated record set which may 1) pertain to the identity, diagnosis, prognosis or
treatment for alcohol or drug abuse; 2) contain confidential communications with or informationit
about or acquired by social workers in their capacity; or 3) contain confidential communications
with or information about or acquired by psychiatrists, psychologists, or psychotherapists,
concerning plaintiff, David Kielson, and to furnish to Defendant, or his attorneys, upon payment
of a reasonable fee therefor, a certified or attested copy of said records, as set forth in the
attached proposed order.
Dated: July 5, 2016
The Defendant
BRIAN JOHNSON, M.D.
By His Attorneys:
A ee
Michael H. Burke, BBO No. 065400
Allison K. Murphy, BBO No. 690409
Bulkley, Richardson and Gelinas, LLP
1500 Main Street - Suite 2700
P.O. Box 15507
Springfield, MA 01115
(413) 781-2820; (413) 272-6803 Fax
mburke@bulkley.com
amurphy@bulkley.com
Certificate of Service
I, Allison K. Murphy, attorney for the defendant, Brian Johnson, M.D., in this above
matter, hereby certify that a true copy of the above document was served upon the attorney
of record for each party by mail on July 5, 2016.
A aa
Allison K. Murphy
Preview
COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. Superior Court Department of the Trial Court Civil Action No.: 2015-0130 DAVID KIELSON, et al., Plaintiffs APPLICATION FOR INSPECTION AND FOR COPIES OF MEDICAL RECORDS OF BAYSTATE NEUROSURGER Y}AMPSHIRE SUPERIOR COURT JUL 07 2016 dA. Vv. COOLEY DICKINSON HOSPITAL, INC., et al., > Whe Defendants HARRY Ick Now comes the defendant, Brian Johnson, M.D. (hereinafter “Defendant”), in the above- » entitled action and say that plaintiffs, David Kielson and Gail Kielson (hereinafter “Plaintiffs”), have brought against him an action of personal injuries; that Defendant is informed and believes that plaintiff, David Kielson (hereinafter “Mr. Kielson”), has received medical care and treatment at Baystate Neurosurgery, 2 Medical Center Drive, Suite 503, Springfield, MA 01107; . oN that Baystate Neurosurgery will not furnish a copy of its records to Defendant without either Qo. the consent of Mr. Kielson or a judicial order. Plaintiffs are claiming exacerbation of Mr. S&S Kielson’s dementia requiring treatment by neuropsychologists and have identified Baystate Neurosurgery as one of Mr. Kielson’s providers. Wherefore, Defendant, in accordance with Sup. Ct. Rule 13, respectfully requests the Court to order and direct Baystate Neurosurgery to permit Defendant, or its attorneys, to inspect the medical records of Baystate Neurosurgery, including but not limited to, any information, records or designated record set which may 1) pertain to the identity, diagnosis, prognosis or treatment for alcohol or drug abuse; 2) contain confidential communications with or informationit about or acquired by social workers in their capacity; or 3) contain confidential communications with or information about or acquired by psychiatrists, psychologists, or psychotherapists, concerning plaintiff, David Kielson, and to furnish to Defendant, or his attorneys, upon payment of a reasonable fee therefor, a certified or attested copy of said records, as set forth in the attached proposed order. Dated: July 5, 2016 The Defendant BRIAN JOHNSON, M.D. By His Attorneys: A ee Michael H. Burke, BBO No. 065400 Allison K. Murphy, BBO No. 690409 Bulkley, Richardson and Gelinas, LLP 1500 Main Street - Suite 2700 P.O. Box 15507 Springfield, MA 01115 (413) 781-2820; (413) 272-6803 Fax mburke@bulkley.com amurphy@bulkley.com Certificate of Service I, Allison K. Murphy, attorney for the defendant, Brian Johnson, M.D., in this above matter, hereby certify that a true copy of the above document was served upon the attorney of record for each party by mail on July 5, 2016. A aa Allison K. Murphy