The Minneapolis Star Tribune reports this morning on a new effort to unseal Lou Gehrig’s medical records, which are owned by the Mayo Clinic. State legislators are pushing to make them public in an effort to see if Gehrig’s ALS had any connection with concussions he received during his career.
This has come up before, and the effort was successfully beaten back by privacy advocates. The tack taken by the Mayo Clinic now follows those same lines:
The Mayo Clinic continues to have little comment, stressing that, under law, only the spouse, parents or Gehrig’s appointed representative have access to his medical records. “Patient medical records should remain private even after the patient is deceased,” said Mayo Clinic spokesman Nicholas Hanson. “Mayo Clinic values the privacy of our patients.”
Except the spouse, the parents and anyone else whoever had medical decision making authority for Gehrig have been dead for decades. And while I appreciate that the Mayo Clinic “values the privacy” of its patients, that patient has been dead for 71 years and has no direct descendants. Whose privacy is being protected here?
Fact is, we’ve reached the point where privacy of personal information has become something of a fetish. Sure, you gotta be careful with sensitive stuff which, if made public now, could cause harm, but really, you’d be amazed if you knew how much information is legally available about you right now to almost anyone.
As for Gehrig, if there’s even a moderate chance that old medical records of anyone — famous or otherwise — can help medical researchers today, and if there are no family members with vested privacy interests walking the Earth, I can’t see any reason why these amorphous privacy concerns should rule the day now. And I’m sure wherever Lou Gehrig is right now, he does not care a lick.
Last November, the U.S. Department of Justice sued AT&T, accusing its subsidiary, DirecTV, of being the ringleader in a plot in which it conspired with Cox Communications, Charter Communications and AT&T cable (then a separate company), to refuse to carry SportsNet LA, the Dodger-owned TV channel in violation of antitrust laws.
Now that lawsuit is over. The DOJ settled with AT&T last night.
The bad news: no part of the settlement obligates DirecTV or any of the other alleged co-conspirators to carry Dodgers games or to even negotiate to that end. There is likewise no fine or truly substantive penalty. It’s basically a “do not do this again!” agreement with some antitrust training requirements for executives and some orders to monitor their communications about these things.
“We are pleased to have resolved this matter to the satisfaction of all parties,” an AT&T spokesman said yesterday, likely in the tone of a guy who is pretty happy to have had a major antitrust suit against him settled so quickly.
When the suit was filed, I anticipated a settlement, as most antitrust suits brought by the DOJ are settled. Such a settlement could’ve featured a cash penalty or, more significantly, a brokered agreement between the parties in question in lieu of a cash settlement that could’ve led to Dodgers games being carried on more channels. After all, more competition is the end game of the Antirust Division.
As it is, however, it’s hard to see this as anything other than a surrender by the DOJ and a victory for the those carriers who coordinated their efforts to not carry the Dodgers.
An open question, unanswered in anyone’s statements yesterday, is whether this settlement is 100% about the merits of the case — keeping in mind that the DOJ tends not to file antitrust suits unless they think they can win, instead preferring to negotiate first — or whether it represents a new set of laxer priorities when it comes to antitrust enforcement from the Trump Administration and AG Jeff Sessions.
Jake Arrieta‘s bat is in midseason form already. The Cubs’ ace swatted a solo home run to center field off of Zack Greinke in Thursday afternoon’s Grapefruit League exhibition game, his first homer of the spring.
The blast went 465 feet, according to MLB.com’s Daren Willman.
Arrieta has hit two home runs in each of the past two seasons. Madison Bumgarner (eight) and Noah Syndergaard (four) are the only other pitchers to match or exceed his output in that department.
Greinke, meanwhile, is hoping to bounce back after a miserable 2016 season. He finished with an uncharacteristic 4.37 ERA in 26 starts in his first year with the Diamondbacks.