US District Court, California Schlegel v Kaiser Foundation Health Plan et al.
It is apparent that the unique and narrow privilege created by
the Patient Safety Act was not intended to apply to the materials
requested by plaintiff in discovery. There is no indication that
the investigations conducted by Kaiser, UNOS, CMS and DMHC were
prepared for and reported to a patient safety organization.
Rather, each of those investigations resulted from Kaiser’s
decision to shut down its kidney transplant program. See JS at
3:18-19. None of these entities themselves is a patient safety
organization. Additionally, there is no indication that the
“mission and primary activity” of any of the relevant entities
concerns the goal of patient safety as defined by the statute.
Nothing defendants have provided supports a contrary conclusion.