Giants defensive end Jason Pierre-Paul is doubling down on his invasion-of-privacy lawsuit against ESPN, demanding to know how sportscaster Adam Schefter obtained his medical records.
Pierre-Paul had his finger amputated after a fireworks accident on July 4. Schefter broke the news days later, then tweeted a photo of the athlete’s hospital chart — detailing a skin graft and the insertion of steel pins in his hand — to nearly 4 million followers.
The Giants star’s demand for information comes after the network asked a Florida federal judge for sanctions against the NFL player for bringing what it called a “meritless” suit against the press.
Lawyers for ESPN and Schefter are also asking a judge to toss the case, citing First Amendment protections and a Florida law that allows journalists to seek fines against meritless claims against free speech.
“The First Amendment prohibits punishing truthful speech relating to matters of public concern,” ESPN attorney Deanna Shullman says in court papers.
“It is clear that football, including a serious injury suffered by a professional football player, is a legitimate public concern,” Shullman says.
But Pierre-Paul insists in a filing submitted Thursday that he has a right to know “the precise circumstances under which [his medical] chart was given to Schefter.” The football star also wants to know if Schefter paid the hospital for his private medical information.
Pierre-Paul says the Florida suit shouldn’t be tossed because he’s not challenging the newsworthiness of the ESPN report about his injury, only Schefter’s decision to publish a photo of the hospital chart.
“ESPN does not explain how [Pierre-Paul’s] medical records were of legitimate public concern, as opposed to simply reporting that the injury occurred,” the player’s attorneys say in court papers.
The lawyers, Mitchell Schuster and Kevin Fritz of Meister Seelig & Fein, add that Florida law prohibits third parties from disclosing medical records obtained by doctors or hospital staff.
“Nothing exempt sports reporters from the law’s protection of medical records,” Schuster and Fritz argue in court papers.
Pierre-Paul has already settled with Jackson Memorial Hospital in Miami.
Jason Pierre-Paul with a bandage over his injured hand during a game.APSchefter, who has not disclosed his source, counters that the photos were necessary to prove the accuracy of his reporting.
“In a day and age in which pictures and videos tell stories and confirm facts … this was the ultimate supporting proof,” Schefter explained in an interview with Sports Illustrated.
A hearing is scheduled for later this month in Miami federal court.
