YOUNGSTOWN - Attorneys for Brittany Watts and Mercy Health are deadlocked over access to hospital personnel records and internal investigation documents. The legal disagreement centers on whether a hospital can withhold employee files and peer review records in a federal civil rights lawsuit.

The case stems from an incident in September 2023 when Watts, then nearly 22 weeks pregnant, miscarried into a toilet at her home. Hospital staff at St. Joseph Warren Hospital reported the situation to law enforcement, leading to a felony charge of abuse of a corpse against Watts. While a grand jury eventually declined to indict Watts, she filed a federal lawsuit alleging that hospital personnel falsely reported she had committed a crime and participated in an unconstitutional interrogation while she was tethered to a hospital bed.

The primary conflict involves discovery, which is the pre-trial phase where both sides exchange evidence. Watts’ legal team requested complete personnel files for the medical professionals involved in her care, including Dr. Parisa Khavari, Connie Moschell, and Jordan Carrino. These requests seek performance evaluations, disciplinary records, training histories, and medical credentials.

Lawyers for Watts argue that these records are necessary to prove the mindset of the defendants and to demonstrate whether the hospital followed proper procedures. The hospital and its staff have refused to turn over the full files. Their attorneys argue that the request is too broad and violates the employees' privacy. They claim that under federal court rules, discovery must be proportional to the needs of the case.

A major point of contention involves the "peer review privilege". In the medical field, peer review is a process where a committee of health care professionals evaluates the work of their colleagues. The goal is to ensure doctors and nurses are providing high-quality care and to identify areas for improvement.

Ohio law generally protects these records from being used in lawsuits as a "privilege," which acts as a legal shield to keep certain information confidential. Hospital attorneys argue that the public benefits when medical staff can honestly critique each other without fearing that their internal notes will be made public in court.

Watts’ legal team also noted that the hospital's list of withheld documents, called a privilege log, mentions "quality assurance" and "risk management" privileges. Quality assurance involves the systems a hospital uses to maintain standards of care, while risk management is the process of identifying and preventing accidents or legal liabilities.

Watts’ attorneys argue that these state privileges do not apply in federal court actions. They state that federal common law generally does not recognize a medical peer review privilege. Furthermore, they claim the hospital waived any right to secrecy by sharing one specific audit from the Ohio Department of Public Health that was favorable to the hospital’s position. Watts’ legal team told the court that the hospital cannot use the privilege as both a "sword and a shield" by revealing helpful documents while hiding potentially harmful ones.

The hospital's legal team maintained that their actions were protected by law and were necessary to ensure fetal remains were properly handled. They argue that Ohio law required them to report the death because it involved a fetus of at least 20 weeks' gestation.

Both sides filed a joint motion to extend the time allowed for fact discovery. Chief District Judge Sara Lioi granted the request the following day. The new deadline for completing this phase of the case is Feb. 12.

Both sides have submitted letters to the court detailing their opposing views on the impasse of discovery. Watts is requesting a conference with the judge to resolve the dispute without having to file a formal motion to compel the hospital to produce the records. While the dispute over hospital records continues, the defense has also started its own discovery process by serving a formal request for documents to Watts.