In Re Grand Jury Subpoena John Doe No. A01-209

MEMORANDUM OPINION

ELLIS, District Judge.

On or about March 6, 2002, a federal grand jury empaneled in the Eastern District of Virginia issued a subpoena to the custodian of records at an area hospital to produce certain emergency room and inpatient records in connection with an ongoing grand jury investigation. The hospital has filed a motion to quash the subpoena to testify before the grand jury, or, in the alternative, for an order compelling the disclosure of patient records. At issue is whether (i) the physician-patient privilege or (ii) privacy concerns preclude production of the patient…