Friday, September 28, 2012

No Discovery From IRBs in California

We’re not comfortable saying much because we have tangential involvement (not on this appeal), but blog readers, particularly in California, might be interested in the recent decision in Pomona Valley Medical Center v. Superior Court, No. B241684, slip op. (Cal. App. Sept. 24, 2012) (for publication).  We haven’t researched it thoroughly, but we believe that Pomona Valley is the first case in California (and maybe the country) to hold an Institutional Review Board ("IRB") exempt from civil discovery under what in most states are considered "peer review" privilege statutes.  As the court in Pomona Valley discussed, however, California’s statute is broader than most such statutes.