Attorneys Rigg and Maiocco successfully appealed a trial court’s denial of motion to dismiss

Attorneys Rigg and Maiocco successfully appealed a trial court’s denial of their motion to dismiss in Harvin v. Yale New Haven Health Services Corp., 225 Conn. App. 171, 315 A.3d 365 (2024).  The Appellate Court agreed that the Litigation Privilege protected a hospital and its staff from liability in which the plaintiff claimed they violated state and federal privacy laws by disclosing protected the plaintiff’s protected health information during in-court testimony.  The Appellate Court further agreed that the hospital was protected from suit for disclosing medical records in response to a subpoena so long as the records disclosure does not exceed the scope of a subpoena.  On remand, the trial court recently entered final judgment in July of 2025, holding that that the Litigation Privilege protected the hospital from liability for disclosing the plaintiff’s medical records in response to a subpoena.