After Giants defensive end Jason Pierre-Paul blew one of his fingers off in a July 4, 2015, fireworks accident, ESPN reporter Adam Schefter posted a photo of Pierre-Paul’s private medical records on Twitter. Schefter said ESPN “obtained medical charts,” but people immediately pushed back with one question: isn’t this post very illegal?
ESPN obtained medical charts that show Giants DE Jason Pierre-Paul had right index finger amputated today. pic.twitter.com/VI5cbS1uCw
A Florida federal judge appears to have opened the door to answer that question in the affirmative. Marcia G. Cooke, of Miami, has green-lighted Pierre-Paul’s invasion-of-privacy lawsuit, according to the New York Post. The 27-year-old defensive end is suing Schefter and ESPN.
“Today’s ruling is a recognition of Jason’s right, as a professional athlete, to oppose the publication of his medical records without his consent,” said Pierre-Paul’s attorney, Mitchell Schuster of Meister Seelig & Fein. The firm did not immediately respond to a request for comment.
Pierre-Paul and his defense claim Schefter “improperly obtained” the records, which he received from two since-fired hospital employees. Schefter has 5.18 million Twitter followers, and he had more than 4 million at the time of the post.
ESPN and Schefter’s defense had cited Freedom of Speech in the First Amendment and had asked Cooke to discard the case. Pierre-Paul said reporting on the accident fell under Freedom of Speech, but releasing his medical report did not. He is seeking unspecified damages.
Daniel Wallach, a sports law expert, told The Post this case appears to be on the fast track “with discovery cutoff in February, meaning in-season depositions.” In other words: we should know how this all plays out before next summer.
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