Bob Saget's family cites Dale Earnhardt-inspired Florida law to block records release
On Wednesday, a judge gave Bob Saget’s family the temporary relief they were hoping for: granting a temporary injunction that says no more records related to his death can be released.
This comes after the beloved comedian’s family filed a lawsuit against the Orange County Medical Examiner’s Office and sheriff asking for this very block.
The complaint says Saget’s wife and daughters “will suffer irreparable harm in the form of extreme mental pain, anguish and emotional distress” if records are released.
“It’s really an invasion of their personal privacy and it can have a devastating emotional effect on them,” health law attorney George Indest said.
Indest is also the president of The Health Law Firm in Altamonte Springs. He explained what the medical examiner’s office is allowed to release under Florida law.
“It can release the medical examiner’s report itself,” Indest said.
He also explained what the office cannot release.
“Videos, tape recordings, photographs, anything associated with the actual autopsy itself are confidential and the medical examiner is not authorized to release those by law,” Indest said.
Indest is referring to Florida statute 406.135(2). It is better known as the Earnhardt Family Protection Act. Saget’s family specifically mentions that statute in their argument. Florida passed the law in 2001 after legendary NASCAR driver Dale Earnhardt died.
“The family went to the state legislature and the state legislature passed that law to prevent that information from being disclosed to the public,” Indest said.
The Medical Examiner’s Office said in a statement, “The District 9 Medical Examiner’s office continues to offer our condolences to the family and loved ones of Robert Saget. At this time we have no comment on current or pending litigation involving the office.”
The Orange County Sheriff’s Office said in a statement, “While we are sensitive to the family’s concerns about the right to privacy, that must be balanced with our commitment to transparency, compliance with the law and the public’s right to know.”