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Judge temporarily blocks subpoenas seeking access to medical records of trans patients at New York hospitals

The Department of Justice was seeking the records as part of an investigation into a possible case of “misbranding” of drugs approved by the U.S. Food and Drug Administration (FDA).

People attend a Trans Visibility Day rally in Washington

People attend a Trans Visibility Day rally in WashingtonAFP.

Williams Perdomo
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A federal judge on Wednesday temporarily blocked Texas federal prosecutors from accessing the medical records of transgender patients treated at New York hospitals.

According to the Associated Press, Judge Katherine Polk Failla issued the ruling one day after hearing oral arguments in Manhattan. In her ruling, she described the search for medical records of a “particularly vulnerable” group of patients treated over a six-year period as “especially serious” and unconstitutional.

Failla held that the Department of Justice resorted to criminal investigations to obtain records that would otherwise remain protected, after courts in various jurisdictions had rejected similar requests through civil proceedings.

The Department of Justice was seeking the records as part of an investigation into a possible case of “misbranding” of drugs approved by the U.S. Food and Drug Administration (FDA).

The lawsuit

The lawsuit was filed this month on behalf of minors, their parents, and young adults who received gender-affirming medical care in New York City. According to the lawsuit, NYU Langone Hospitals was one of several institutions that received a federal grand jury subpoena on May 7 from the U.S. Attorney’s Office for the Northern District of Texas.

The judge noted that at least 40 people received treatment at NYU Langone during the period from January 1, 2020, to May 5, 2026, the timeframe covered by the subpoenas.

The judge also scheduled a hearing for July 8, at which she will review additional evidence before deciding whether to issue a preliminary injunction—the next procedural step following the temporary restraining order issued on Wednesday.
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