NOVOTNY v. SACRED HEART HEALTH SERVICES

Nos. 27615, 27626, 27631.

887 N.W.2d 83 (2016)

2016 S.D. 75

Ryan NOVOTNY, Plaintiff and Appellee, v. SACRED HEART HEALTH SERVICES, a South Dakota Corporation d/b/a Avera Sacred Heart Hospital, Avera Health, a South Dakota Corporation, Defendants and Appellants, and Allen A. Sossan, D.O. also known as Alan A. Soosan, also known as Allen A. Soosan, Reconstructive Spinal Surgery and Orthopedic Surgery, P.C., a New York Professional Corporation, Lewis & Clark Specialty Hospital, LLC, a South Dakota Limited Liability Company, Defendants. Clair Arens and Diane Arens, Plaintiffs and Appellees, v. Curtis Adams, David Barnes, Mary Milroy, Robert Neumayr, Michael Pietila, and David Withrow, Defendants and Appellants, and Alan A. Sossan, also known as Allen A. Soosan, also known as Allen A. Soosan, D.O., Sacred Heart Health Services, a South Dakota Corporation d/b/a Avera Sacred Heart Hospital, Avera Health, a South Dakota Corporation, Matthew Michels, Thomas Buttolph, Douglas Neilson, Charles Cammock, Lewis & Clark Specialty Hospital, LLC, a South Dakota Limited Liability Company, Don Swift, David Abbott, Joseph Boudreau, Paula Hicks, Kynan Trail, Scott Shindler, Tom Posch, Daniel Johnson, Nueterra Healthcare Management, LLC, Various John Does and Various Jane Does, Defendants. Clair Arens and Diane Arens, Plaintiffs and Appellees, v. Lewis & Clark Specialty Hospital, LLC, a South Dakota Limited Liability Company, Defendant and Appellant, and Allen A. Sossan, D.O. also known as Alan A. Soosan, also known as Allen A. Soosan, Reconstructive Spinal Surgery and Orthopedic Surgery, P.C., a New York Professional Corporation, Sacred Heart Health Services, a South Dakota Corporation, d/b/a Avera Sacred Heart Hospital, Avera Health, a South Dakota Corporation, Don Swift, D.M., Kynan Trail, M.D. Curtis Adams, David Barnes, Thomas Buttolph, Mary Milroy, Douglas Neilson, Robert Neumayr, Michael Pietila, Charles Cammock, David Withrow, Various John Does, and Various Jane Does, Defendants.

Supreme Court of South Dakota.

Decided October 26, 2016.


Attorney(s) appearing for the Case

Leslie A. Brueckner of Public Justice, P.C., Oakland, California, Michael D. Bornitz , Robert D. Trzynka , Brendan F. Pons of Cutler Law Firm, LLP, Sioux Falls, South Dakota and Timothy L. James of James & Larson Law, Yankton, South Dakota, Attorneys for plaintiffs and appellees.

Edwin E. Evans , Mark Haigh of Evans, Haigh & Hinton, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellants Curtis Adams, David Barnes, Mary Milroy, Robert Neumayr, Michael Pietila & David Withrow # 27626.

Roger A. Sudbeck , Matthew D. Murphy of Boyce Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellants Sacred Heart Health Services & Avera Health # 27615.

Jeff Wright , John Gray of Heidman Law Firm, LLP, Sioux City, Iowa, Attorneys for defendant and appellant Lewis & Clark Specialty Hospital, LLC # 27631.

Gregory J. Bernard of Thomas Braun , Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for defendant and appellant Kynan Trail joining # 27631.


[¶ 1.] In this action against various health organizations and individuals involved at those organizations, Plaintiffs moved to compel production of peer review materials and asked the circuit court to find SDCL 36-4-26.1, which grants privilege to peer review materials, unconstitutional. The circuit court determined that...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases