Gallardo Levin Reiter & Rogers obtained a protective order on behalf of its client, a residential health care facility, in response to plaintiff’s motion seeking to compel production of incident reports, employee statements, and other investigative materials that were generated during a quality assurance review process. Gallardo Levin Reiter & Rogers cross moved for a protective order on the ground that these materials are privileged pursuant to New York Education Law section 6527(3). The court found that Gallardo Levin Reiter & Rogers had provided sufficient evidence to establish that the quality assurance documents were not subject to disclosure. In support of the cross motion for a protective order, an affidavit was obtained from the Administrator of the facility detailing the operations of the quality assurance committee, and establishing that any documentation that was created was solely for quality assurance purposes and to make recommendations to improve resident care if indicated. The court conducted an in-camera review of the documents and concluded that they were prepared in accordance with the relevant statutes and therefore were not subject to disclosure. The case is being handled by Gallardo Levin Reiter & Rogers Partner, Chris Rogers and Of Counsel, Richard Fedrow.
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