UPDATE: A judge ruled Kesha’s medical records will not be released to the public.
“To protect the privacy of defendant Kesha Rose Sebert, to insulate her from unnecessary embarrassment and to protect her medical providers from the press and the media … the records of her treatment … shall not be disclosed to anyone except the parties to this action, their attorneys, and experts retained by the parties who signed a confidentiality agreement,” newly filed papers read. “The court finds that the foregoing protective order is warranted.”
Dr. Luke’s lawyer Christine Lepra tells People Kesha’s court filings was just another move to attack Dr. Luke in the press. “Because Kesha made public accusations and in the case that she was allegedly harmed by Dr. Luke, the Court ordered her to produce her medical records. Now, Kesha wants to hide her records, while continuing to make self-serving, selective and misleading statements to hurt my clients publicly.”
Lepra added: “Our position is that that the Court—and not Kesha’s lawyers – should decide whether Kesha’s medical information remains confidential given her public disclosures. We in fact offered to keep the records confidential pending the Court’s decision as to them. Kesha’s attorneys refused that offer, and instead filed their misleading motion for more press attacks on my clients.”
Kesha fears Dr. Luke will leak more than a decade’s worth of medical records, and is asking a judge to block him from doing so.
It’s already not looking good for Kesha, and things take a turn for the worse today (Oct. 10) following reports the singer’s legal team is asking a New York judge to issue a protective order to seal 913 pages worth of “her most sensitive medical records including gynecological, psychiatric, and rehabilitation records going back more than ten years,” according to court papers via Buzzfeed.
Kesha also asked Dr. Luke to agree to a standard protective order to safeguard her “private and sensitive information from public and media scrutiny,” but Dr. Luke and his legal team rejected it. They want the freedom to use her medical records “without condition.”
“Ms. Sebert now fears that Gottwald will seek to disclose and disseminate her personal medical records in an attempt to embarrass and harass her,” attorney James Pearl writes in a motion via Billboard to Manhattan Supreme Court Justice Shirley Werner Kornreich. The lawyer also writes that Sebert “has disclosed highly sensitive personal medical records as part of this litigation, and her position as a world-renowned recording artist in whom there is great public interest renders any potential disclosure of those records potentially harmful to her personal and economic interests.”
BuzzFeed reports that the producer’s legal team “maintains that Kesha waived any privacy rights she might have had over her private medical information by ‘publicly disclosing details of her alleged medical diagnoses and treatments and putting them at issue in this case, all in an effort to bolster her baseless claims against our clients,’ according to court documents.”
Kesha’s attorneys argue Dr. Luke simply wants to deny the motion for “no reason other than to embarrass” her.
“Gottwald, who is purported to be worth an excess of $100 million, has made clear his intent to make the litigation as expensive as possible for the single defendant Ms. Sebert who is currently unable to publish music without Gottwald’s involvement,” read the court papers filed by Kesha. “Gottwald’s strategy in the litigation has been to subject Ms. Sebert to extreme embarrassment and harassment going as far as to raise questions in depositions regarding whether Ms. Sebert is ‘sexually aggressive.’”
The case heads back to court on October 26.