A federal judge wants to talk to both sides in a lawsuit brought by one of Jerry Sandusky’s victims.
John Doe 6 is suing Penn State, The Second Mile and Sandusky, the former Nittany Lions assistant football coach convicted of multiple child sexual abuse counts in June 2012. Many of the victims were targeted through their participation in The Second Mile, a children’s charity Sandusky started.
In February, Penn State filed a motion to compel discovery from Doe.
The university asked for a court order forcing Doe to provide his medical records “as plaintiff specifically promised to do,” according to court documents.
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“Plaintiff’s delay is actively prejudicing the university, due to the recent destruction of at least one significant provider’s records long after the plaintiff filed this lawsuit and well before plaintiff disclosed the provider’s identity to the university,” Penn State’s filing read.
According to court documents, Doe had declined to produce records until a confidentiality order was in place. Mental health records were also part of the request.
The university complained that when records and lists of providers were produced, they were incomplete.
“The university felt whip-sawed,” attorneys wrote, saying Doe “was not reversing his position.”
Doe’s attorneys replied that because he was a minor for most of his health care history, he was providing all of the information that he recalled, saying that “thousands of pages of medical records have been produced.”
“Simply, plaintiff cannot produce that which is not in his possession or does not exist,” his attorney, Jason Penn, wrote.
Judge Anita Brody ordered a telephone conference for March 23.
As of October 2013, $59.7 million had been paid in settlements to 26 Sandusky victims.