Confidentiality and Privilege of Peer Review Information: More Imagined Than Real
William Beaumont Hosp. & S. Oakland Anesthesia Assocs., P.C. v. Medtronic, Inc., No. 09-CV-11941, 2010 U.S. Dist. LEXIS 39093, 2010 WL 1626408 (E.D. Mich. Apr. 21, 2010)
According to Defendant, the “central issue” in its motion to compel is its claim that Plaintiffs have waived the peer review privilege. (Def.'s Reply at 3.) Defendant argues that Plaintiffs waived the peer review privilege by affirmatively bringing a contribution action and by involving Defendant in the peer review process. (Def.'s Mot. Br. at 1 1-18.) Plaintiffs argue that Beaumont has not waived the peer review privilege and that Defendant “fails to cite any Michigan case law in support of its argument that a claim for contribution somehow puts protected peer review material ‘at issue’ such that one could find a waiver of the peer review privilege.” (Pls.' Resp. at 8.)
Nonetheless, the court need not decide whether the peer review privilege is absolute, because even if it could be waived, Plaintiffs have not waived it in this case.
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