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James v. O’Donnell

After a federal court struck down Hawaii’s rule that provided automatic sealing for medical records, defendants in this case sought to create a de facto automatic sealing standard.  The case is Jared James v. Patrick J. O’Donnell, M.D.; Susan Tan, M.D.; Selena Peters, M.D.; Merla Takanaka RN; Kapiolani Medical Specialists; Kapiolani Medical Center for Women and Children; and Hawaii Pacific Health.

Plaintiff expressly stated on the record that he waived any medical privacy rights.  Nevertheless, Defendants moved to seal Plaintiff’s medical records by filing ex parte (no notice) motions to seal based solely on Plaintiff’s medical privacy.

Contrary to settled constitutional standards, the records were sealed with insufficient notice to the public and without compelling justification–in light of Plaintiff’s express and repeated waiver.

On April 27, 2026, Public First filed a motion to unseal.  The motion will be heard by the Honorable Shirley M. Kawamura.  No. 1CCV-21-683.