Privacy Rights in Personal Injury and Lead Poisoning Cases, Part 3: A Look at Scipio v. Upsell

Introduction: The case of Scipio v. Upsell, 1 A.D.3d 500, 767 N.Y.S.2d 254 (2003), represents another significant step in the evolution of the now-settled law in the context of privacy rights within personal injury and lead poisoning litigation. This case, decided by the Supreme Court of New York, Appellate Division, Second Department, provides crucial insights into the boundaries of discovery in personal injury lawsuits in New York State, particularly concerning the privacy of plaintiffs and their families.

This analysis will demonstrate how Scipio v. Upsell furthers the right of privacy in serious brain injury cases, highlighting its importance for future litigation strategies and legal precedents in New York and beyond.

Background of the Case: In Scipio v. Upsell, the plaintiff, an infant, suffered a traumatic brain injury and impaired cognition after being struck by a car. As a result of the injuries sustained in this car accident, the Scipio’s sued. In the course of the litigation, the defendants sought to compel the disclosure of not only the mother’s prenatal and delivery medical records but also the school records of the infant’s parents and siblings. The primary legal question revolved around the extent of discovery permissible in personal injury cases, particularly the relevance and privacy implications of demanding such extensive family records.

Legal Proceedings and Decision: The Supreme Court initially granted the defendants’ motion to compel the records. However, on appeal, the Appellate Division modified this order. They agreed that the mother’s medical records during pregnancy were relevant, as they pertained directly to the infant’s condition. However, they found no substantial justification for compelling the school records of the infant’s family members, emphasizing the principle of relevance over privilege and privacy in discovery.

Implications for Privacy in Personal Injury Law: Scipio v. Upsell upholds a crucial right of privacy in protecting the sanctity and privilege of private medical records as well as the confidentiality of school records of siblings and parents of individuals involved in personal injury cases. The decision to limit the scope of discovery, particularly regarding family members who had not placed their medical condition in issue, underscores the courts’ growing consideration for the right to privacy of parents and siblings. This ruling aligns with the precedent set in Andon v. 302-304 Mott St. Assocs., further solidifying the stance that while discovery is essential, it must not overreach into areas of unwarranted privacy invasion.

Conclusion: Scipio v. Upsell is another pivotal case in New York’s personal injury law, reinforcing the delicate balance between thorough discovery and the protection of privacy. This case serves as an important reference for attorneys focusing their practice on serious personal injury, lead poisoning, and environmental toxin exposure, guiding them in balancing the need for comprehensive discovery against the imperative to respect individual privacy.


We welcome your legal questions for topically relevant articles in the future. Feel free to compose a question – it may be addressed in future articles. Email Question

Free Case Evaluation

Fill Out The Form Below To Find Out If You Have A Case.

    Thank you for contacting us. One of our colleagues will get back to you shortly.

    Fill out the form below to find out if you have a case.