In re Grand Jury Investigation of Brink

This cause comes before the court upon the motion of St. John Hospital to quash a Cuyahoga County Grand Jury subpoena duces tecum which sought medical records pertaining to blood tests administered to Richard Brink. The grand jury subpoena was issued in conjunction with a pending grand jury investigation of Brink.

The issue to be decided in this case is whether the physician-patient privilege expressed in R.C. 2317.02(B) extends to medical records subpoenaed by a grand jury pursuant to its investigation of a criminal matter. Upon consideration, this court finds that the public interest in fair…