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.


2019 Missouri Pharmacy Patient Safety Conference:

Join the Missouri Board of Pharmacy and the Center for Patient Safety for the Board’s 2019 Patient Safety Conference.  Together, we can keep Missouri safe one patient at a time.(pharmacists only) T

Are Paramedics Ignoring Hand Hygiene?:

“Many paramedics ignore hand hygiene rules, study finds” A new study looked at hand hygiene practices of paramedics from Finland, Sweden, Denmark and Australia.  The study was featured in Health Daily

CPS Safety Alert/Watch – LIFEPAK 15 Monitor/Defibrillators:

BACKGROUND: Stryker Launches Voluntary Field Action for Specific Units of the LIFEPAK 15 Monitor/Defibrillator. Stryker has become aware that certain LIFEPAK 15 Monitor/Defibrillators were reported to expe

Read More


The Center for Patient Safety believes that collaboration and sharing are the best ways to drive improvement. We strive to provide the right solutions and resources to improve healthcare safety and quality.