Judge in Biogenesis case requests MLB hand over medical records

Circuit Judge Ronald Dresnick listens to arguments from

Circuit Judge Ronald Dresnick listens to arguments from lawyers for Major League Baseball and Carlos Acevedo during a hearing in Miami. Dresnick on Wednesday denied the dismissal motion filed by the attorney for Acevedo, who managed a clinic called Biokem. That clinic was the predecessor to now-closed Biogenesis of America, which along with former operator Anthony Bosch is the main target of the MLB lawsuit. (June 12, 2013) (Credit: AP)

MIAMI -- A judge presiding over Major League Baseball's suit against Biogenesis founder Anthony Bosch and three other defendants granted a defense request to have MLB hand over the medical records of Lazaro Collazo, a former pitching coach at the University of Miami who is alleged to have received treatments at the now shuttered anti-aging clinic.

MLB's suit alleges the defendants had knowledge of or furnished performance-enhancing drugs to numerous baseball players, including Yankees slugger Alex Rodriguez. MLB's ongoing investigation could reportedly yield suspensions of up to 100 games.

Release of the medical records will likely clear the way for video deposition seeking Collazo's knowledge of Biogenesis. Judge Ronald Dresnick granted attorney C. Antonio Jimenez's central request to receive all records deemed of a "medical" nature in MLB's possession regarding Collazo's treatment at Biogenesis.

"We learned prior to this investigation that MLB is in possession of confidential medical records from my client who visited the lab years before for his own treatment," Jimenez said. "My client never signed a release for medical records and they are still protected."

MLB attorney Adriana Riviere-Badell argued the records in question did not qualify for special consideration because they were not prepared by a licensed health- care practitioner and some have already been released by various media outlets.

Judge Dresnick allowed the release of any records related to Collazo, and Riviere-Badell said she would turn them over within five days so the deposition could be scheduled immediately thereafter.

Initially Jimenez attempted to release his client entirely from subpoenaed status suggesting the testimony of the four named defendants -- Bosch, Juan Acevado, Ricardo Martinez and Juan Carlos Nunez -- should be sufficient for MLB. Dresnick denied the initial motion, saying "if you happen to be a witness to a car crash [the attorney] can handle discovery any way they want."

A fifth defendant, former Miami baseball player Marcelo Albir, was dismissed from the suit, Albir's attorney, John C. Lukacs, said.

Bosch is reportedly cooperating with MLB's investigation and could be dismissed from the suit, which seeks unspecified monetary damages.

The next hearing is scheduled for Wednesday morning regarding a motion for a protective order by Yuri Sucart, who is said to be a cousin of Rodriguez.

With Steven Marcus

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