The Ohio Supreme Court recently held that non-party medical records are not discoverable in a private lawsuit, even if personally identifiable information has been redacted. Roe v. Planned Parenthood Southwest Ohio Region, No. 2009-Ohio-2973, slip op. at 2 (Ohio 2009). Alleging that Planned Parenthood illegally performed an abortion on their fourteen year old daughter, plaintiffs attempted to discover Planned Parenthood medical records of other nonparty minors. Planned Parenthood refused to produce the nonparty medical records on the basis of physician-patient privilege. Plaintiffs argued that a 1999 Ohio Supreme Court ruling provided a right of discovery when the “disclosure is necessary to protect or further a countervailing interest that outweighs the patient’s interest in confidentiality” (quoting Biddle v. Warren General Hospital, 715 N.E.2d 518 (Ohio 1999)). The current Ohio Supreme Court held that the Biddle holding may only be used as a defense to the tort of unauthorized disclosure of a confidential medical record, and may not be used to discover non-party medical records in a private civil suit. The Court went on to state that redaction of personally identifiable information from a medical record does not defeat a record's privileged nature.