Russo v. Brattleboro Retreat — Jan. 2016 (Summary)

WRONGFUL DEATH

Russo v. Brattleboro Retreat
Case No. 5:15-cv-55 (D. Vt. Jan. 25, 2016)

The United States District Court for the District of Vermont denied a motion to compel production of communications between a mental health facility and The Joint Commission and an HMO in which it was a participating provider about the suicide of a patient at the facility. The case involved a wrongful-death action that arose out of the suicide. The patient argued that the materials sought were not privileged because they were not created as part of a formal review process, and that they were not a “product” of any peer review committee. After an in-chambers review, the court concluded that none of the materials in those records were “original sources,” and were protected by the Vermont peer review protection act.