In Re Orthopedic Bone Screw Products Liability Litigation. Scoliosis Research Society and Steven M. Mardjetko, M.D., at No. 96-1131, at No. 96-1132
Docket: 96-1131
Court: Court of Appeals for the Third Circuit; August 27, 1996; Federal Appellate Court
On January 2, 1996, the Scoliosis Research Society (SRS) and Dr. Steven M. Mardjetko sought to prevent the public disclosure of data from a study on the safety and efficacy of bone screws, arguing that the data was protected under the Illinois Medical Studies Act. The district court denied their motion on February 14, 1996, determining that the Illinois law was inapplicable due to the federal nature of the litigation and that federal privilege rules should apply. The court also ruled that the data could be used in public comments to the FDA. Following this, SRS and Dr. Mardjetko appealed and filed for a writ of mandamus concerning the district court's orders. However, since the plaintiffs had already disclosed the Cohort Study data in public comments to the FDA, the appellate court deemed the appeal moot. The court vacated the district court's earlier orders, allowing SRS and Dr. Mardjetko the opportunity for a merits review of their claims without being forced to accept the previous rulings. The appellate court noted that if SRS and Dr. Mardjetko reassert their claims of privilege in the district court, the Supreme Court's recent decision in Medtronic, Inc. v. Lohr might be relevant to the applicability of the Illinois Medical Studies Act under federal evidence rules. Each party was ordered to bear its own costs, and the ruling did not affect any other pretrial orders. Additionally, the FDA had inadvertently shared the Cohort Study materials with the plaintiffs before the privilege claims were resolved.