Court Concludes that ABOS Credentials Report Is Protected from Discovery
The United States District Court for the Northern District of Illinois granted a motion for a protective order filed by the American Board of Orthopaedic Surgery (“ABOS”) in a lawsuit brought by a physician who failed his recertification examination. The physician claimed that the ABOS’ decision was the result of a conspiracy, in retaliation for his public criticism of screws used in spine surgery. In his lawsuit, the physician sought an unredacted copy of his ABOS Credentials Report which included the identity of each physician reviewer and their ratings of him across multiple categories relating to professional competence. The court concluded that the Credentials Report was protected under the state peer review statute, and granted the ABOS’ motion for a protective order. Aslie v. American Board of Orthopaedic Surgery
Appellate Court Upholds Dismissal of FCA Suit
The United States Court of Appeals for the Sixth Circuit affirmed the dismissal of a False Claims Act case brought against a health system and its related medical group. At the heart of the case was a virtually identical case that had been brought seven years earlier and that had been dismissed when the relator died. The appellate court concluded the current complaint “presented substantially the same allegations concerning a scheme perpetrated by the previously named fraudsters.” The “public disclosure bar” could not be overcome and the case was dismissed. Anderson v. Saint Elizabeth Medical Center, Inc.