Judge Won’t Seal Evidence in UCI Fertility Clinic Suits

A Superior Court judge has denied the University of California’s motion to seal depositions and other evidence in lawsuits stemming from UCI’s fertility clinic scandal.

Judge Leonard Goldstein on Friday found that “there was not good cause to justify keeping this information secret from the public,” said Karen Frederiksen, an attorney representing the Los Angeles Times and the National Broadcasting Co., both of which opposed the motion.

Attorneys for several media organizations and plaintiffs argued that the motion was an overly broad, drastic measure that would violate the public’s right to know about judicial proceedings. Some said it amounted to a “gag order” prohibiting discussion of the cases.

More than 40 former patients have sued three UC doctors and the university, alleging that the physicians stole their eggs and embryos and implanted them in other women or used them for research. The doctors deny any intentional wrongdoing. The university had argued that a seal was needed to protect patient confidentiality as well as the integrity of future jury pools and witnesses in the cases. But the judge sided with opponents who said there was no evidence to support these claims.

Goldstein did, however, express strong interest in preserving the privacy of former patients. He “left the door open” for the university to refile its motion in the future if it comes up with evidence that these patients’ rights are being violated, said Kermit Marsh, an attorney for the university.

The concern is about former patients who have not sued the university and whose medical histories are supposed to be confidential. Attorneys in the lawsuits already have agreed not to release the names of these former patients, said Larry Eisenberg, a plaintiffs’ attorney who proposed the agreement in January.

Marsh said he does not know yet whether the university will file another motion to seal evidence. “A lot will depend on the conduct of the attorneys involved” in upcoming depositions, Marsh said.