Discovery: IL Court Finds MRSA Infection Data Not Privileged, Orders Disclosure

An Illinois court of appeals has held that a hospital failed to show that its data regarding methicillin-resistant Staphylococcus aureus (MRSA) infection rates was "generated specifically for the use of a peer-review committee" and that the state's privilege statute therefore did not protect it from discovery. The litigation was brought by and on behalf of two patients who contracted MRSA during their hospital admissions. One plaintiff died allegedly as a result of the infection.

Before filing suit, and in accordance with court rules, one plaintiff sought to discover the hospital's infection control data and statistics, policies and procedures for the control and treatment of infectious diseases, and a list of all patients who contracted MRSA 90 days before the plaintiff's admission. Subsequently, both plaintiffs sued the hospital, alleging negligence in its management of infections and its infection control procedures. One plaintiff also claimed that specific physicians...