Page:Touhy v. Walgreen Company.pdf/7

 the litigation or the alleged facts and circumstances concerning the litigation” (Doc. Request 6).

Walgreen objected to these discovery requests on various grounds, including that they were overly broad and not reasonably calculated to lead to the discovery of admissible evidence. The company nevertheless chose to produce some materials in response to the challenged requests, including (1) a copy of Ms. Touhy's prescription; (2) sixteen pages of “purged data” from the Walgreen computer system, listing transactions and prescription information for Ms. Touhy at various Walgreen stores dating back to 2000; (3) Ms. Touhy's "Confidential Patient Information Prescription Profile," which also listed the prescriptions Ms. Touhy had filled at Walgreen stores; and (4) screen prints of the patient information displayed when Ms. Touhy's patient account was accessed on Walgreen's computer system. While many of these documents show the initials of various pharmacists who filled Ms. Touhy's prescriptions and other employees who conducted transactions on those prescriptions, Ms. Whitlock's initials do not appear anywhere among them.

C

In due course, Walgreen moved for summary judgment, arguing that the only putative evidence suggesting that Ms. Whitlock had disclosed Ms. Touhy's private health information was inadmissible hearsay: Ms. Touhy's testimony that Mr. Abrams told her that Ms. Frazier told him that Ms. Whitlock told Ms. Frazier -7-