Evans v. Jones (Summary)

ACCESS TO PEER REVIEW MATERIALS

Evans v. Jones, No. 12-0921 (W. Va. Oct. 4, 2013)

The Supreme Court of Appeals of West Virginia affirmed the circuit court’s dismissal of claims brought by an obstetrician against attorneys for a hospital for, among other things, violation of the state peer review privilege, violation of an affirmative duty to keep information confidential and malicious prosecution.

The state supreme court held that the litigation privilege, which bars claims for civil damages against an opposing party’s attorney if the attorney acted during the course of representation of an opposing party, barred all of the obstetrician’s claims.  It found that the attorneys, one of whom represented the hospital in previous litigation with the obstetrician, and the other who served as outside counsel, properly accessed and used the peer review information related to that litigation.