9/11 Workers Refute City's Allegation of Discovery Abuse and M...(lacy of theCity's argument by indicating...),Health

"About half of the plaintiff population are from uniformed services (New York City Police Officers, Firefighters and Port Authority Police) ... firefighters and police officers are required to pass physical exams and to be found physically fit before being allowed to join the Police or Fire departments. For this reason, most of the plaintiffs had very little if any treatment for any disorder before 9/11. These were New York's "finest" and "bravest" and accordingly, the fittest. The extent of many of these workers' pre 9/11 medical records are the physicals conducted by the FDNY and NYPD which records are in the possession of the defendants. In fact, as we have previously informed this Court in numerous writings and on-the-record discussions during conferences, plaintiffs and plaintiffs' counsel have no access to these medical records until defendants' counsel complies with this Court's order to exchange this information."

The plaintiffs also noted that in making their allegations of incomplete medical records disclosure in open court on May 29, 2008, the City's attorneys were in direct violation of the Court's Case Management Order ("CMO") no. 7. That order required the defendants to first serve a letter advising the plaintiffs' attorneys of the claimed shortcomings in their production before taking their concerns to the Court, which the defendants failed to do. The first such deficiency letter sent by the defendants' counsel came almost three weeks after the May 29, 2008 conference.

"CMO 7 and its prohibition of allegations of discovery abuse without service of the deficiency letter and an opportunity for producing counsel to refute or cure the deficiency, was negotiated and agreed to by the parties. Despite this fact, and despite the fact that Mr. Tyrrell had provided no writi
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