Adams v. Metropolitan Transportation Authority

Background

Christine Adams brought a slip-and-fall case against the Metropolitan Transportation Authority, the Long Island Rail Road Company, and the National Railroad Passenger Corporation. On February 7, 2024, the court granted in part and denied in part the defendants’ motion to compel discovery. The court required Adams to provide several records and authorizations, including records concerning an ophthalmologist visit, Botox treatment, Bradford Bath and Tennis Club records, and purchases at two restaurants. The court denied requests for authorizations concerning Adams’s primary-care physician and physicians who treated her Hashimoto’s disease or prescribed thyroid medication because the defendants had not shown that information was relevant to the claims and defenses. The court allowed the defendants to seek reconsideration if they submitted supporting expert evidence.

Reconsideration and Discovery

The defendants moved for reconsideration and submitted an expert declaration. The expert stated that untreated Hashimoto’s disease can cause dizziness and balance problems, and that failure to take thyroid medication as prescribed may affect neuromuscular function and muscle strength. The expert concluded that Adams’s disease and treatment were relevant to her mobility and balance when the incident occurred. The defendants also reported that Adams had not complied with the February 7 discovery order. Adams did not respond to the reconsideration motion.

Ruling

The court determined that the expert evidence established the relevance of the requested information under Federal Rule of Civil Procedure 26(b)(1), which permits discovery of nonprivileged information relevant and proportionate to the needs of the case. The court ordered Adams, by February 29, 2024, to provide an authorization for records from her primary-care physician from 2021 through the present, as well as authorizations for Dr. Del Vecchio and any other physician who treated her Hashimoto’s disease or prescribed Synthroid, Levothyroxine, or Liothyronine during that period. The court also ordered Adams to produce the discovery required by the February 7 order by the same deadline, on pain of contempt. Judge Liman directed the clerk to close the motions at Docket Nos. 22 and 24.