United States v. United Network for Organ Sharing,
No. 02 C 2295 (N.D. Ill. May 17, 2002)

The district court held that the Inspector General could subpoena peer review materials during an investigation of false claims pertaining to the Organ Procurement and Transplantation Network. There is no federal privilege protecting peer review materials, and the court did not recognize the state privilege because the inquiry was within the authority of the Inspector General, the demand was clear, and the information sought was reasonably relevant to the investigation. The traditional balancing test, which allows discovery of peer review materials only when they are essential for proving a federal claim, was not used by the court because the case involved the enforcement of a subpoena and not the parameters of discovery.