Raleigh, N.C. September 20, 2021 – Paynter Law represents numerous women suing Raleigh Radiology for emotional distress arising from Raleigh Radiology’s failure to keep its Blue Ridge Road facility accredited and certified to perform mammography. In late 2019, the FDA declared the mammography performed at the facility to be “a serious risk to human health” and suspended its mammography services. The FDA required Raleigh Radiology to notify its patients that their mammograms performed for a two-year period needed to be reviewed or repeated.
Since the plaintiffs’ lawsuits were filed, Raleigh Radiology has withheld numerous documents about the Blue Ridge Road facility’s loss of accreditation, loss of certification, and suspension. Raleigh Radiology claimed the documents were privileged “peer review” materials. Plaintiffs filed a motion to compel, and on September 16, 2021, Superior Court Judge Eula Reid ruled that Raleigh Radiology did not show that the documents are protected by any privilege. Moreover, the Court rejected Raleigh Radiology’s attempt to seal certain documents filed publicly in the Court of Appeals that demonstrated nine out of thirty randomly selected mammography cases submitted to the American College of Radiology for review did not meet clinical image evaluation criteria and some deficiencies were severe. The ruling represents a significant victory for plaintiffs seeking to overcome attempts by medical providers to conceal evidence of wrong-doing. A copy of the order can be found here.
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With offices in Washington, D.C. and North Carolina, Paynter Law is devoted to protecting the rights of individuals, with a focus on high-stakes personal injury litigation, civil rights litigation, complex commercial cases, intellectual property disputes, and antitrust litigation. More information available at: paynterlaw.com