Lee Mem’l Health Sys. v. Jeffery (Summary)

PEER REVIEW PRIVILEGE – DISCOVERABILITY

Lee Mem’l Health Sys. v. Jeffery, No. 2:08-cv-843-FtM-29DNF (M.D. Fla. Mar. 30, 2010)

A Florida hospital system filed a lawsuit against two separate defendants, claiming that Florida’s controversial “Amendment 7” was invalid on a number of grounds. The hospital system also sought to have any other individuals who may seek peer review documentation from it in the future certified as a class.

The United States District Court, Middle District of Florida, dismissed one of the defendants on the grounds that the lawsuit was moot as to that defendant. Because the underlying medical malpractice action had been settled and there were no pending discovery disputes, the court held that there was no pending case or controversy. For the same reasons, the court held that the lawsuit was not moot as to the second defendant and should continue (i.e., the underlying medical malpractice case was still pending and there were pending discovery requests and disputes).

Finally, after analyzing the rules for certifying a class, the court refused to do so in this case and dismissed the hospital system’s motion in this regard.