PSO Case Law: Gooden v. CVS Caremark Corp

Gooden v. CVS Caremark Corp, No. 11CVA-10885 (Nov. 20, 2012)

A Franklin Ohio County court upheld the protection provided for patient safety work product (PSWP) under the Patient Safety and Quality Improvement Act. The plaintiff’s attorney requested an incident report from a CVS Pharmacy, arguing that the protection did not apply as the defendants had admitted liability. The defendants argued that Congress intended to improve the quality of patient care by creating a culture of safety through a non-punitive voluntary reporting system. This broader interpretation of the Act requires that the privilege be extended even if liability has been admitted.The court ruled that the PSO protection applied, and the plaintiff’s request was denied.

Summary provided by Center for Patient Safety Project Manager, Kathy Wire, JD, MBA, CPHRM.

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