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Howmedica Osteonics Corp. v. Trowbridge

Citations: 211 So. 3d 114; 2017 WL 363149; 2017 Fla. App. LEXIS 764Docket: No. 4D16-2374

Court: District Court of Appeal of Florida; January 24, 2017; Florida; State Appellate Court

Narrative Opinion Summary

In a consolidated action involving multiple plaintiffs claiming injuries from recalled hip-implant devices manufactured by Howmedica Osteonics Corporation (HOC), the company petitioned for certiorari review of a trial court's decision. The trial court had denied HOC's request to redact identifying information from healthcare provider reports concerning 'foreign adverse events' associated with its medical devices. The court granted the petition, quashing the trial court's order, and instructed that such identifying information be redacted from the reports and related documents. This decision was grounded in federal law, specifically 21 C.F.R. 20.63(f), which mandates confidentiality for voluntary reporters of adverse events, without differentiation between foreign and domestic sources. The court emphasized the universal applicability of this regulation, aimed at maintaining the integrity of the adverse event reporting system. Respondents' arguments relying on non-binding authority were rejected as they failed to address the international scope of voluntary reporting confidentiality. The court's ruling underscored the necessity of protecting reporters' identities to ensure the efficacy of the reporting system. Consequently, the case was remanded with instructions for the trial court to align its procedures with federal confidentiality requirements, while allowing for further examination of specific redactions contested by the plaintiffs.

Legal Issues Addressed

Certiorari as a Means to Protect Privileged Material

Application: The court recognizes certiorari as a tool to prevent irreparable harm from the improper disclosure of privileged material, granting the petition to quash the trial court's order.

Reasoning: The court recognizes certiorari as a means to safeguard privileged material and prevent irreparable harm from improper disclosure.

Confidentiality of Voluntary Reporters under Federal Law

Application: The court mandates the redaction of identifying information from healthcare provider reports, affirming that federal law protects the confidentiality of voluntary reporters without distinguishing between foreign and domestic sources.

Reasoning: The petition is granted, and the trial court's order is quashed, mandating the redaction of identifying information from the reports and related documents as required by federal law, which protects the confidentiality of voluntary reporters without distinguishing between foreign and domestic sources.

Non-Binding Authority and Its Limitations

Application: The court finds respondents' reliance on non-binding authority unpersuasive, as those cases did not address the issue of foreign voluntary reporters.

Reasoning: Respondents' reliance on non-binding authority is unpersuasive since those cases did not address the issue of foreign voluntary reporters.

Redaction of Identifying Information in Compliance with Federal Regulations

Application: The court supports the position that identity protection extends to documents related to the reports, ordering the redaction of identifying information in compliance with FDA regulations.

Reasoning: It quashed the trial court's order requiring HOC to disclose unredacted information identifying healthcare providers who reported foreign adverse events, instructing the trial court to redact such identifying information from the reports and related documents.

Scope of 21 C.F.R. 20.63(f) in Medical Device Reporting

Application: The court applies 21 C.F.R. 20.63(f) to prohibit the disclosure of identifying details of voluntary reporters, highlighting the regulation's universal applicability to protect the identities of both domestic and foreign reporters.

Reasoning: Specifically, 21 C.F.R. 20.63(f) prohibits disclosure of any identifying details of voluntary reporters, including names and addresses. This regulation is applicable to the case at hand, ensuring that the identities of voluntary reporters remain confidential, with limited exceptions not relevant here.