By Brandon Thurston & Jason Ounpraseuth
A Connecticut judge on Monday ordered Dr. Carlon Colker, a doctor connected to Vince McMahon, to provide payment records to Janel Grant that show McMahon paid for the former WWE employee’s medical treatment.
The ruling from Judge David Bothwell was made during a remote hearing open to the public. It was the latest development in a prolonged pre-suit action Grant filed more than a year ago against the doctor, seeking evidence to investigate the possibility of bringing a separate lawsuit against him and his Connecticut clinic, known for treating celebrities, Peak Wellness.
Grant is also the plaintiff in a high-profile federal lawsuit against McMahon and WWE, in which she alleges she was sexually assaulted and trafficked by McMahon, who denies her allegations. She alleges negligence against the company, which is defending itself with counsel separate from McMahon. That case is pending and awaiting a decision from the judge on whether Grant will be allowed to request evidence from the defendants.
Grant says McMahon directed her to go to Colker’s clinic for treatment, where she claims she was given supplements and infusions, the substance of which was not revealed to her. Colker denies those claims and has filed a related defamation lawsuit against one of Grant’s attorneys, Ann Callis.
While medical records have been turned over, disputes remain about billing or payment records, which are marked “paid” but don’t indicate who made the payments.
Despite an earlier court order, Erica Nolan, an attorney for Grant, stated that Colker’s counsel still has refused to produce the documents they requested. Grant’s attorney requested that the judge order the defendants to comply with the court order or face sanctions as a penalty.
Colker’s attorney, Frank Silvestri, told the court that Grant’s treatments were paid for by McMahon with his credit card that was on file at the clinic, as McMahon was a patient there also. The judge pressed him on why no records documenting that had been turned over to Grant.
“So then what’s the problem?” Bothwell asked. “If you’re admitting that Vince McMahon paid her medical bills, then show them how Vince McMahon paid the medical bills. I ordered that.”
Silvestri suggested such records just don’t exist. “I don’t think you’re going to find it,” the attorney for Colker said. “Because that’s not the way the records are kept.”
Nolan pushed back at the idea that the absence of records was acceptable, telling the judge, “I’ve heard several times today [from Silvestri], ‘I think this is what it is’ or ‘I’m not sure if there are any documents.’ And that kind of leads into our larger point that the defendants didn’t search for anything.”
Silvestri also questioned the significance of the payment details, arguing that the fact that McMahon referred Grant to the clinic and offered to cover the cost did not imply anything improper.
“I’m kind of mystified as to what the concern is here, given the nature of the allegations that… McMahon and Dr. Colker are somehow in cahoots, and we are stipulating that when Grant began her treatment with Dr. Colker on Mr. McMahon’s recommendation. And McMahon said, ‘Yeah, charge it all to my credit card.’”
Bothwell said it wasn’t for him to speculate what the need is. “I made the order, right? And what I can speculate on is that a document [showing] that she went to the doctor and her bill was paid, without any indication of who paid that bill, is meaningless.”
The judge added that he found it “hard to believe that a doctor is maintaining billing records without any indication of who paid those bills,” and said he would issue a written order this week requiring Colker to comply with the earlier directive to produce payment records and to engage in a “good faith effort” to communicate with Grant’s counsel and locate payment records.
“I can certainly do that, your honor,” Silvestri told the judge.
“Listen, I don’t watch wrestling,” Bothwell said, “but I’m certainly aware of who Vince McMahon is, and a man of his means and wealth, I think there should probably be a paper trail that he’s paying for other people’s medical bills.”
The parties agreed that McMahon’s credit card number could be redacted, with the exception of the last four digits of the number.
Colker’s side also brought objections when it came to Grant’s document requests relating to claims about trips to Tijuana, Mexico. Silvestri said they were subject to physician-patient privilege, given that McMahon was a patient of Colker’s. According to Colker’s attorney, these documents included, but were not limited to, travel receipts and expense reimbursements from March 1, 2019, to May 1, 2022.
Grant’s counsel has not yet specified what significance she believes travel to Tijuana has to her case. Colker’s counsel did not quite confirm that McMahon and Colker took such trips together, but expressed concern about protecting McMahon’s medical information.
“I can tell you a little bit of background, hopefully without revealing any information about care that Mr. McMahon was receiving,” Silvestri said. “But providing medical care to U.S. residents is a big business in Tijuana.”
He added that “if one flies someplace with Mr. McMahon, one does not fly commercially,” suggesting that private travel might limit the paper trail available.
Bothwell noted that it is the defendant’s responsibility to review the documents and decide what, if anything, properly falls under physician-patient privilege. The judge added that he would also order the defendant to provide a log of any documents he wants to withhold.
The deadline to produce the documents is expected to fall within 35 days of the order being entered.
