Based on an insurer’s position that there is no case law to refute its claims that its physician reviews are privileged, a Lackawanna County judge has stayed an order compelling discovery of those documents pending the outcome of an appeal.
By staying the production of the “quality of care reviews” by Blue Cross of Northeastern Pennsylvania and its subsidiary, First Priority Health, in the medical malpractice case, Venosh v. Henzes, Lackawanna County Court of Common Pleas Judge Terrence R. Nealon has allowed the insurer to appeal to the state Superior Court to address what the company calls an issue of first impression. Blue Cross and First Priority are not defendants in the case.
