Azmat v. Shalala,
No. CIV. A. 3:99-CV-487-S (W.D. Ky. Feb. 5, 2002)

A surgeon requested review of a Data Bank report from the Department of Health and Human Services (HHS). The hospital where he had privileges made the report after placing restrictions on his privileges after finding an abnormally high complication rate among his patients. The United States District Court, Western District, Kentucky found that the hospital's actions, with regard to the surgeon's privileges, constituted an adverse professional review action which was properly reportable to the Data Bank and therefore HHS was correct to deny review of the report.