MSG Fights Oakley Over Medical Records, Massage Therapist Identity - Yahoo! Voices

[Michael McCann]

Litigation over the forced removal of Charles Oakley from a seat at a New York Knicks game in 2017 has sparked a disagreement between Oakley and Madison Square Garden Networks over MSG’s access to medical records related to Oakley’s alleged injuries.

Last week, U.S. District Judge Richard J. Sullivan ruled that Oakley is not compelled to turn over medical records from an orthopedist or his communications with a psychotherapist, but instructed Oakley to provide the full name and contact information of a licensed massage therapist Oakley has only identified as “Darra.”

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MSG maintains that Oakley hasn’t adequately shared medical records that would corroborate or refute his alleged injuries. The evidence is thus important for purposes of determining whether Oakley suffered the kinds of injuries that the law ought to remedy and if so, the severity of those injuries.

The alleged injuries occurred at a Knicks home game against the Los Angeles Clippers eight years ago, when Oakley scuffled with MSG security personnel and fell before being escorted out. The incident, which Oakley argues amounted to an assault, stemmed from the 6-foot-9 retired power forward’s longstanding feud with Knicks owner James Dolan. Oakley, 61, starred on the team in the 1990s but has publicly criticized Dolan and contends he has received inferior treatment compared to other Knicks legends.

Oakley cites three medical providers (an orthopedist, psychotherapist and massage therapist) as treating his alleged injuries. Sullivan reasoned that since Oakley isn’t in possession of medical records related to the orthopedist, Oakley isn’t compelled to produce those records. The judge noted MSG can subpoena the orthopedist for the records, and if the orthopedist refuses, MSG can petition Sullivan to compel the orthopedist to comply. But compelling Oakley to turn over records that are in the custody of the health care provider wouldn’t be fair to Oakley, who has authorized the orthopedist to release information pursuant to the Health Insurance and Portability and Accountability Act. According to court records, the orthopedist hadn’t responded to the request as of last month.

As to the psychotherapist, Sullivan noted the U.S. Supreme Court has made clear confidential communications between a licensed psychotherapist and a patient are generally immune from compelled disclosure. When a plaintiff, such as Oakley, claims they have suffered what are known as “garden variety” or ordinary damages for emotional distress, the plaintiff does not waive the psychotherapist privilege (otherwise, patients might not seek needed treatment out of fear of losing potential legal arguments). Since Oakley submitted a letter to Sullivan clarifying that he seeks “only garden variety damages” for emotional distress, Sullivan held Oakley’s treatment records are protected by the psychotherapist privilege.


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The situation with Darra, the licensed massage therapist, is more complicated. According to Oakley, Darra claims she is no longer in possession of records from 2017, the year she treated him, and thus can’t help. Sullivan didn’t find that outcome acceptable. He wrote that “MSG need not accept Darra’s hearsay statement (a statement made out of court) that she no longer possesses Oakley’s medical records.” Sullivan further noted MSG “may test [Darra’s] assertion, if it wishes, by serving on her a subpoena for documents.” But MSG can’t do that unless it knows Darra’s actual name. Sullivan ordered Oakley to provide Darra’s full name and contact information by the close of business on Jan. 14.

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