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HCA HEALTH SERVICES OF VIRGINIA v. LEVIN

Record Nos. 992934, 992935.

530 S.E.2d 417 (2000)

260 Va. 215

HCA HEALTH SERVICES OF VIRGINIA, INC., d/b/a Reston Hospital Center, et al. v. Stephen M. LEVIN, M.D., et al. INOVA Health System v. Stephen M. Levin, M.D., et al.

Supreme Court of Virginia.

June 9, 2000.

Attorney(s) appearing for the Case

Robert T. Adams (E. Duncan Getchell; William H. Baxter, II; McGuire, Woods, Battle & Boothe, on briefs), Richmond, for appellants HCA Health Services of Virginia, Inc., d/b/a Reston Hospital Center, et al.

William L. Carey (McCandlish & Lillard, on briefs), Fairfax, for appellant INOVA Health System.

David J. Branson (Tamara R. Parker; Steve Dubuc; Paula McGill; Letta Snead; Wallace, King, Marraro & Branson, on brief), Washington, DC, for appellees WJLA-TV, Candace Mays, Archie Kelly, Allbritton Communications Company, Allbritton Group, Inc., Perpetual Corporation, and Jean Jessup.

No brief or argument for appellee Stephen M. Levin, M.D.

Amici Curiae: Virginia Hospital and Healthcare Association, Medical Society of Virginia, American Medical Association, and American Hospital Association (Julia Krebs-Markrich; John E. Coffey; Heather L. Gunas, Falls Church; Virginia Hackney; Marie Elena Graham, Richmond; Reed Smith Hazel & Thomas, Falls Church; Hunton & Williams, Richmond, on briefs), in support of appellants.

Present: CARRICO, C.J., HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and COMPTON and STEPHENSON, Senior Justices.

COMPTON, Senior Justice.

In these appeals of a contempt order arising from a defamation action, we consider the scope and application of the statutory privilege from disclosure accorded peer review records possessed by certain medical organizations.

In 1998, Stephen M. Levin, M.D., filed an action for damages against, among others, WJLA-TV, a television station that broadcasts in the Washington, D.C., metropolitan area, which includes Northern Virginia and...

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