Over Labor Day weekend, Columbus Blue Jackets’ star winger, Johnny Gaudreau, and his brother, Matthew Gaudreau were hit by a drunk driver while riding bikes in the early evening.[2] The drunk driver was charged with vehicular manslaughter, consuming alcohol in a motor vehicle, having an open alcohol container in a vehicle, improper passing, and driving while intoxicated.[3] The two brothers had been riding their bikes home after their sister’s rehearsal dinner.[4]
Johnny Gaudreau had played at Boston College with his brother before being drafted fourth overall by the Calgary Flames.[5] For the last two years, he played for the Columbus Blue Jackets whom he was signed to until 2029.[6]Matthew Gaudreau most recently played for the ECHL’s Worcester Railers until he took the head coaching position for the Gloucester Catholic High School ice hockey team.[7] While the brothers were public figures, they never consented to their private information becoming public.
Within an hour of the accident, a subreddit made a claim that Johnny Gaudreau passed away.[8] This was followed by a FlyersNittyGritty reporter, Dylan Robillard, tweeting about the rumor that Johnny Gaudreau “along with family members” had passed away.[9] As Reddit and X (formerly Twitter) began to theorize the validity of this, at the time,rumor, no official report had been announced. It was not until approximately three hours later that ABC News tweeted that two unnamed cyclists had been killed.[10] Later that Thursday night, a photo of handwritten notes began circulating social media claiming to be notes of a state trooper who was on the scene.[11]
A screenshot shows the handwritten notes were shared in a group text message around 9:30pm including various details identifying the two Gaudreau brothers.[12] The photo was accompanied by a text message from Connor McGlynn, an employee of the medical examiner’s office, stating “First words out of the troopers mouth ‘are you a hockey fan?’”[13]The notes themselves contain details about the crash, including identifying information of the victims’ names, dates of birth, and addresses.[14]
It was not until the next morning that the Columbus Blue Jackets released an official statement confirming the Gaudreaus had passed away the previous night.[15] In response to the social media rumors, the New Jersey State Police claimed the handwritten notes were not produced by a trooper investigating the incident.[16] The Gloucester Country Administrator who oversees the regional medical examiner’s office that handles deaths in Salem County issued a statement that there is an investigation on the matter.[17]
That Friday, FlyersNittyGritty fired reporter Robillard for tweeting the death of the Gaudreau brothers without a reliable source.[18] Meanwhile, two weeks later, there has been no update on the medical examiner’s investigation of how the handwritten notes describing the accident and victims was disseminated to the public. When a reporter is held accountable for their involvement in invading a family’s privacy, how can a medical examiner not be?
Under federal law, the Health Insurance Portability and Accountability Act (HIPAA) of 1996 protects all individually identifiable health information.[19] This “related to the past, present, or future physical or mental health or condition of any individual [and] the provision of health care to any individual.”[20] In Gloucester County, who were responsible for investigating the Gaudreau accident, the medical examiner falls within the Department of Health & Human Services.[21]While medical examiners and coroners are not “covered entities” under HIPAA, they are involved in collecting personal protected health information of the deceased.[22]
A month after NBA legend Kobe Bryant’s autopsy report was released, classified as a “closed” report with select excerpts available for the general public, the full 180-page report of the nine victims of the accident was leaked.[23] The autopsy report amplified the invasion of privacy that was the topic of issue in the various lawsuits surrounding the 2020 Calabasas helicopter crash.[24] Across the various civil litigations, over $50 million was rewarded to the four families.[25][26] The lawsuit was for claims of negligence and invasion of privacy due to employees of the fire and sheriff’s department sharing graphic photos of the crash.[27]
Despite medical examiners not being expressly named in HIPAA, there is an ethical and moral obligation to the deceased during a sensitive and vulnerable time to uphold their protected information.[28] Beyond that, the invasion of privacy regarding the two individual’s lives here mirrors a similar argument utilized in the lawsuits surrounding the Calabasas helicopter crash. [29] Until there is an official remedy available, private individuals will be forced to turn to the lengthy and emotionally taxing procedures of civil court.
JUHI PATEL (contributing editor) is a 2L at Villanova University Charles Widger School of Law. She is a part of the Soccer Negotiation Competition Team and is interested in labor, employment, and intellectual property law. As an avid fan of hockey and F1 she hopes to one day work as in-house counsel for a professional hockey league or team.
References:
[1] Photo by Chris Liverani on Unsplash
[2] Matt Gray, Johnny Gaudreau fatal crash: Driver had 5-6 beers before slamming into hockey star, cops say. Read the full complaint (Sep. 3, 2024). nj.com. https://www.nj.com/salem/2024/08/johnny-gaudreau-fatal-crash-driver-had-5-6-beers-before-slamming-into-hockey-star-cops-say-read-the-full-complaint.html
[3] Id.
[4] Id.
[5] Thomas Schlachter and Andy Rose, NHL star Johnny Gaudreau and his brother killed in New Jersey crash on the eve of their sister’s wedding(Aug. 30, 2024). CNN Sports. https://www.cnn.com/2024/08/30/sport/johnny-gaudreau-nhl-player-death-spt-intl/index.html
[6] Id.
[7] See, Gray, supra note 2.
[8] I1398, Holy Shit (Aug. 29, 2024). Reddit. https://www.reddit.com/r/Flyers/comments/1f4jlii/holy_shit/
[9] Kaden Harty, Reporter Fired After Breaking the News of Johnny Gaudreau’s Tragic Death With Controversial, Unprofessional Tweet (Sept. 5, 2024) Total Pro Sports. https://www.msn.com/en-us/sports/nhl/reporter-fired-after-breaking-the-news-of-johnny-gaudreau-s-tragic-death-with-controversial-unprofessional-tweet/ar-AA1pLMCE
[10] 6abc (Aug. 29, 2024). X, formerly Twitter. https://x.com/6abc/status/1829353449168802200
[11] Julien Trekker, The person who leaked the details of the Gaudreau brothers’ accident revealed (Aug. 31, 2024) Hockey Patrol. https://www.hockeypatrol.com/nhl-team/columbus-blue-jackets/the-person-who-leaked-the-details-of-the-gaudreau-brothers-accident-revealed
[12] Id.
[13] Id.
[14] Matt Gray, How did notes about the investigation into Johnny Gaudreau’s death leak online? Officials want answers. (Sep. 3, 2024). nj.com. https://www.nj.com/salem/2024/08/how-did-investigators-notes-about-johnny-gaudreaus-death-leak-online-officials-want-answers.html
[15] https://www.nhl.com/bluejackets/news/columbus-blue-jackets-statement-on-the-passing-of-johnny-gaudreau
[16] See, Gray, supra note 14.
[17] See, Gray, supra note 2.
[18] See, Harty, supra note 9.
[19] David R. Fowler, MBChB, MMed, Public Figures, Professional Ethics, and the Media (Aug. 2016). AMA Journal of Ethics. https://journalofethics.ama-assn.org/article/public-figures-professional-ethics-and-media/2016-08#:~:text=Death%20certificates%20and%20autopsy%20reports,Act%20(HIPAA)%20of%201996
[20] Id.
[21] Medical Examiner. Human & Human Services, Glouster County NJ. https://www.gloucestercountynj.gov/647/Medical-Examiner
[22] See, Fowler, supra note 19.
[23] SportFit, Kobe Bryant autopsy report and sketch surface online, NBA fans furious over leaked details (June 1, 2020). Republic. https://www.republicworld.com/sports/basketball/kobe-bryant-autopsy-twitter-sketch-surface-online-nba-fans-furious
[24] Jason Kravarik, Natasha Chen, Amir Vera, and Elizabeth Wolfe, Vanessa Bryant leaves courtroom in tears after question about whether the body of her daughter appeared in photo (Aug. 12, 2022). CNN. https://www.cnn.com/2022/08/11/us/kobe-vanessa-bryant-crash-photos-lawsuit-thursday/index.html
[25] The Associated Press, Kobe Bryant family settles the helicopter crash photos lawsuit for $28.5 million (Mar. 1, 2023). NPR. https://www.npr.org/2023/03/01/1160295235/kobe-bryant-family-settles-the-helicopter-crash-photos-lawsuit-for-28-5-million
[26] Mike Chiari, LA County to Pay 2 Families $1.25M Each in Settlement over Kobe Bryant Crash Photos (Oct. 28, 2021) Bleacher Report. https://bleacherreport.com/articles/10016443-la-county-to-pay-2-families-125m-each-in-settlement-over-kobe-bryant-crash-photos
[27] Id.
[28] See, Fowler, supra note 19.
[29] See The Associated Press, supra note 25.
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