Cleveland Clinic Health System—East Region v. Innovative Placements, Inc.
283 F.R.D. 362
N.D. Ohio2012Background
- This case concerns a discovery dispute over documents the Plaintiffs claim are privileged in a death-in-the-emergency-department case.
- The death involved a patient (M.D.) who died at Huron Hospital on February 6, 2008 after admission for alcohol intoxication.
- Briganti, a nurse, worked at Huron Hospital and was staffed by Innovative Placements, Inc. (IPI).
- The M.D. estate settled with Plaintiffs before suit; Plaintiffs then filed a complaint for indemnity against IPI and Briganti.
- Defendants challenged privilege and sought production of documents; Plaintiffs sought a protective order.
- The Magistrate Judge granted Plaintiffs’ protective order after in camera review and analysis of privilege claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Documents are privileged under Ohio’s peer review statute | Documents are records within peer review; IPI is a health care entity; committee reviewed M.D.’s death. | § 2305.252 does not apply when the healthcare entity is plaintiff and IPI is not a health care entity. | Yes, privileged under § 2305.252. |
| Whether the Documents are protected by attorney-client privilege and work product | Documents were created in anticipation of litigation and for attorney communications. | Nor the attorney-client privilege nor work product applies to these documents. | Yes, protected by both attorney-client privilege and work product doctrine. |
| Whether the privilege is waived or the fairness doctrine applies | Ohio has not adopted the fairness doctrine; no waiver occurred. | No waiver or fairness doctrine applies; privilege upheld. |
Key Cases Cited
- Ward v. Summa Health Sys., 184 Ohio App.3d 254 (Ohio Ct.App. 9th Dist.2009) (burden on privilege; Ohio peer review materials treated as privileged)
- Manley v. Heather Hill, Inc., 175 Ohio App.3d 155 (Ohio Ct.App. 11th Dist.2007) (requires showing of peer review committee existence and scope of records)
- Menda v. Springfield Radiologists, Inc., 136 Ohio App.3d 656 (Ohio Ct.App. 2d Dist.2000) (physician-patient waiver not controlling; peer review privilege statute governs)
- In re Prof'ls Direct Ins. Co., 578 F.3d 432 (6th Cir.2009) (work product protection; 'in anticipation of litigation' standard)