Former Chicago Mayor Richard M. Daley is seeking to avoid testifying during the trial of the city's lawsuit seeking to break the long-term agreement for a restaurant in Millennium Park. NBC Chicago's Mary Ann Ahern reports for the NBC 5 NEWS at NOON on July 8, 2014.
Former Mayor Richard M. Daley wants only the judge in Chicago's lawsuit against the Park Grill owners to see his medical records.
Daley's attorneys have filed their response in the city’s case to end the long-standing agreement with the Millennium Park restaurant, explaining why Daley wants an “in camera” inspection – for the judge only -- of his medical records rather than release them in open court.
One of his attorneys, Terrence Burns, cites “Mr. Daley’s medical information is privileged and confidential.”
No medical records have yet been filed. Daley’s attorneys are waiting for the judge to rule next week on their request.
The 72-year-old Daley reportedly suffered a stroke in January but has not confirmed it. The recent response filed late Monday notes his “medical information has no bearing on any claim or defense in the litigation.”
Mayor Rahm Emanuel wants to end the contract with the clout-heavy investors. Daley’s attorney says the former mayor has a medical hardship and “has offered to provide evidence by way of medical affidavits” but wants those records “reviewed in camera” because they “contain information that is private, confidential and privileged.”
He notes “medical information is protected under federal law by HIPAA.” He also cites an appellate court case that an “in camera review is an appropriate procedure and is routinely used when a judicial decision concerns information claimed to be covered by some rule of confidentiality or privilege.”
The attorneys for the Park Grill have until Friday, July 18, to file a response.