Arrowood LLP Scores Legal Victory Over Peer Review Privilege
Arrowood LLP was recently handed a legal victory when, in the first Massachusetts state court decision of its kind, a Suffolk Superior Court judge ruled that the peer review privilege does not bar the admissibility of materials from an internal disciplinary proceeding against a doctor who is suing a health care system for retaliating against him.
The case involves Dr. Stephen Zappala who has brought state whistleblower, defamation and Chapter 93A claims against Steward Health Care System. Dr. Zappala is represented by Arrowood LLP attorneys Lisa G. Arrowood, William F. McGonigle and Sarah E. A. Sousa.
Dr. Zappala, a urologist with a practice in Andover, MA, was also affiliated with Holy Family Hospital in Methuen, MA. When Steward Health Care System purchased the hospital, the company instituted new policies, including an out-of-network referral practice, which Dr. Zappala considered to improperly impede upon patient choice and physicians’ independent professional judgment and caused a risk to public health.
Dr. Zappala alleges that Steward retaliated against him for objecting to and refusing to comply with its referral practice and for raising concerns about quality of care. One such retaliation was a sham disciplinary action which involved a peer review and resulted in the doctor losing his privileges at Holy Family.
Steward, who argued that Dr. Zappala’s claims are subject to peer review privilege, recently moved for summary judgment, and involved the Massachusetts peer review statutes in an attempt to both strike certain evidence from the Court’s consideration or otherwise dismiss Dr. Zappala’s claims.
The Court, reviewing the evidence, denied both efforts and found that the one exception to the peer review privileged applied. Specifically, the Court found that Dr. Zappala had made a threshold showing that the peer review was not conducted in good faith. The judge also found that whether Steward and other named defendants were entitled to immunity under the federal Healthcare Quality Improvement Act or state peer review statute were questions for a jury.
Commenting on the decision, Lisa Arrowood said, “This is the first Massachusetts state court decision to order a case to trial over a genuine issue of material fact as to whether a peer review proceeding was brought in good faith.”
William McGonigle added, “This opinion will likely become the road map followed by other plaintiffs to follow suit, allowing more doctors to shed light on the problems plaguing the health care system and preventing patients from getting the care they deserve.”
- Arrowood Partners Named Top Lawyers for 2022 By Boston Magazine
- Arrowood LLP Scores Legal Victory Over Peer Review Privilege
- Arrowood LLP Ranked in U.S. News – Best Lawyers® 2023 “Best Law Firms”
- Jed DeWick Defeats Motion to Dismiss in Delaware’s Court of Chancery
- Seven Arrowood LLP Attorneys Recognized as 2022 Super Lawyers and Rising Stars
- Kevin Zipkin Joins Arrowood LLP
- Three Arrowood Lawyers Named To The Best Lawyers in America for 2023
- Lisa G. Arrowood Becomes Massachusetts State Delegate for ABA
- Steward Health Care System to Settle Medicare and Medicaid Kickback Allegations for $4.7 Million
- Chambers USA Recognizes Lisa G. Arrowood as a Leading Lawyer
- Lawdragon Names Lisa G. Arrowood as a 2022 Leading Plaintiff Consumer Lawyer
- Bill McGonigle Elected Member of Winchester Town Meeting
- Lisa G. Arrowood Certified as ABA State Delegate for Massachusetts
- Lisa G. Arrowood Named to 2021 Top Lawyers List by Boston Magazine
- Lisa Arrowood Co-Chairs 2021 Women in Litigation Joint CLE Conference
- Arrowood LLP Named a “Best Law Firm” For 2022
- Lisa G. Arrowood and Cathleen Augusto Win $4.4 Million Verdict In Failure To Diagnose Breast Cancer Case
- Lisa G. Arrowood Named To 2021 Best Lawyers® Business Edition: Litigation Issue
- Three Arrowood LLP Attorneys Named To The Best Lawyers in America©
- Jed DeWick and Maggie Strauss Obtain Summary Judgment on Behalf of Real Estate Development Client
- Lisa G. Arrowood Named One of Lawdragon’s 500 Leading Plaintiff Consumer Lawyers for 2021
- Lisa G. Arrowood Ranked as a Leading Lawyer by Chambers USA 2021
- Lisa G. Arrowood Represents Venture Capitalist in Legal Malpractice Case Against Proskauer Rose
- Arrowood LLP Defends Toll Bros. in Pending Lawsuit
- Lisa G. Arrowood Quoted in WBUR News Story
- Ray Ausrotas Provides Support For Pro Bono Attorneys Handling Asylum Matters In South Texas
- Lisa G. Arrowood Serves as Scoring Judge in National Trial Competition
- Lisa G. Arrowood Named To Lawdragon 500 Leading Lawyers in America For 2021
- Lisa G. Arrowood Represents Former Boston Medical Center Radiologist in Whistleblower and Gender Discrimination Case
- Cathleen Augusto, Arrowood LLP Associate, Chosen for Boston Bar Association’s Public Interest Leadership Program
- Arrowood LLP Named a “Best Law Firm” For 2021
- All Nine Arrowood LLP Attorneys Named 2020 Super Lawyers and Rising Stars
- Lisa G. Arrowood Assists ABA Committee to Evaluate Nominee Amy Coney Barrett
- Raymond P. Ausrotas named 2021 Best Lawyers® "Lawyer of the Year" in the Boston area.
- Three Arrowood LLP Lawyers Named to 2021 The Best Lawyers in America List
- Jed DeWick Represents CGIT Systems Inc. in Covid-Related Discrimination Case
- Ray Ausrotas quoted in Mass Lawyers Weekly
- Sarah Sousa Honored by Massachusetts Lawyers Weekly
- Lisa G. Arrowood secures $1.7 Million Settlement
- Arrowood LLP Partner Lisa G. Arrowood has been recognized by Chambers USA 2020.
- Lisa G. Arrowood has been selected to the 2020 Lawdragon 500 Leading Lawyers guide.
- Sarah E. A. Sousa Elected to Board of Directors for the Women’s Bar Association.
- Arrowood LLP Attorneys secure $25 million judgement in only business case among ‘TOP 10’ Massachusetts jury verdict of 2019
- Sarah B. Herlihy is now a Partner of the firm.
- Arrowood LLP has been named a Tier 1 firm in Boston
- 8 Arrowood LLP Attorneys named to the 2019 Super Lawyers and Rising Stars Lists
- Two Arrowood LLP Partners were included in the 26th edition of Best Lawyers in America.
- Cathleen Augusto was appointed co-chair of the Boston Bar Association’s New Lawyers Forum.
- Partner Lisa G. Arrowood has been recognized by Chambers USA 2019.
- Lisa G. Arrowood Lectured at Brown University on Medical Malpractice, March 20, 2019
- Cathleen Augusto will co-chair the event steering committee for the BBF’s 10th Annual Casino Night
- Lisa Arrowood was on the panel for Women Trial Lawyers at the Boston Bar Association.
- Arrowood LLP has been named a Tier 1 firm in Boston for Commercial Litigation by U.S. News – Best Lawyers® “Best Law Firms” in 2019.
- 5 Arrowood LLP Attorneys named to the 2018 Super Lawyers and Rising Stars Lists
- Sarah B. Herlihy joins the firm as Of Counsel
- Lawyers Weekly Honors Lisa Arrowood
- Two Arrowood LLP Partners were included in the 2019 Best Lawyers in America List
- Lisa Arrowood and Margaret Strauss Reach $1,000,000 Settlement for Failure to Diagnose Lung Cancer
- Raymond P. Ausrotas Moderated the Social Law Library CLE TRIAL TALK: POINTERS FROM EXPERTS & THE BENCH
- Cathleen Augusto and Sarah Sousa held a panel discussion entitled “How to Excel as a Second Chair” on behalf of the New Lawyers Section at the Boston Bar Association.
- Attorney Lisa Arrowood was quoted in a Boston Globe Article
- Attorney Kevin B. Smith has joined the firm as an Associate
- Lisa G. Arrowood taught a CLE at the Trial Skills Workshop at Suffolk University Law School
- Two Arrowood LLP Attorneys Named to 2018 New England Best Lawyers List
- Lisa Arrowood quoted in BBJ article about “Boston’s supply of lawyers falls far short of busy firms’ heavy schedules”
- Lisa G. Arrowood did a Lecture at Brown University
- Lisa G. Arrowood spoke at the BBA Women’s Leadership & Advancement Forum Launch Event at the Boston College Club
- 5 Arrowood LLP Attorneys Named to 2017 Super Lawyers and Rising Stars Lists
- Lisa Arrowood spoke on panel entitled "15 Leadership Insights from Women Who Know"
- Lisa Arrowood and Elizabeth Kayatta Panelists at “Women Lawyers Leading Cases in the Courtroom”
- Lisa Arrowood volunteered as a coach at the American College of Trial Lawyers First Annual Trial Skills Workshop
- Lisa Arrowood selected to the 2017 Lawdragon 500 Leading Lawyers in America
- Ray Ausrotas Provides Advice to Corporate Counsel
- Lisa Arrowood appointed to the ABA House of Delegates
- Arrowood LLP Ranked in 2017 "U.S. News Best Law Firms"
- Jed DeWick Wins Jury Verdict for International Cyber Security Firm
- 5 Arrowood LLP Attorneys Named to the 2016 Super Lawyers and Rising Stars Lists
- Lisa Arrowood on the Cover of Super Lawyers Magazine
- Lisa Arrowood quoted on the BBA’s new program “Friday Fundamentals” in American Bar Association article
- Arrowood LLP welcomes new associate, Margaret E. Strauss
- Raymond Ausrotas Secures Favorable Decisions Before State Ballot Law Commission
- Lisa Arrowood, Jed DeWick, and Elizabeth Kayatta Win Jury Verdict for Fidelity Investments
- Lisa Arrowood was quoted in the recent Lawyers Weekly article "Women as first chairs: Amid successes, work remains"
- Lisa Arrowood Appointed to JNC Special Panel
- Lisa Arrowood Makes Statement on Retirement of Judge Henry J. Boroff
- Lisa Arrowood Spoke at National Conference of Bar Presidents
- Arrowood LLP Attended the BBF Adams Beneft
- Arrowood LLP Attorneys "Walk to the Hill" in Support of Civil Legal Aid
- Lisa Arrowood Discusses How to Create "Practice Ready" Lawyers
- Jed DeWick to Participate in Panel Discussing Jury Voir Dire
- Lisa Arrowood, BBA President, Visits Specialty Courts
- Boston Globe Publishes Letter from Lisa Arrowood Supporting Race-Conscious Admissions Policies in Higher Education
- Four Arrowood LLP Attorneys Named to the 2015 Super Lawyers List
- Tobacco 'Dream Team' Includes Arrowood LLP Attorneys
- Lisa Arrowood Featured as Speaker at MCLE's "Conversation with the Legends" Program
- Raymond Ausrotas Secures Agreement for Judgment of Over $450,000 in Trade Secret and Noncompetition Case
- Boston Globe Covers Wrongful Death Lawsuit Filing
- Lisa G. Arrowood Begins Term as President of Boston Bar Association
- Jury Verdict Upheld by First Circuit
- Lisa Arrowood was a Panelist for "Pathways to the Bench" Program
- Edward Foye Joins Arrowood LLP
- Raymond Ausrotas Secures Dismissal of Out of State Case Involving Successor Liability Claim
- Jed DeWick and Elizabeth Kayatta Win $650,000 Settlement in College Suicide Lawsuit
- Lisa Arrowood Named to Lawdragon 500 Leading Lawyers in America Guide
- Raymond Ausrotas selected as a Fellow of the Litigation Counsel of America
- Massachusetts Lawyers Weekly Article Features Recent Trial Victory
- Jed DeWick and Elizabeth Kayatta Win $1.1 Million Verdict in Medical Malpractice Lawsuit
- Lisa Arrowood serves as panelist for “Tired of Playing Second Fiddle in Court? How to Move Up to First Chair”
- Lisa Arrowood Obtains $500,000 in Medical Malpractice Case
- Lisa Arrowood and Jed DeWick Reach $5.25 Million Settlement in Child Brain Injury Case
- $600,000 Settlement Achieved for Man Who Suffered Partial Vision Loss After Laser Eye Surgery
- Raymond Ausrotas Served as Guest Lecturer at Fall 2014 B.U. Law School Course on Electronic Discovery
- Lisa Arrowood & Kevin Peters Selected to 2015 Edition of Best Lawyers in America
- Arrowood Peters LLP Listed in 2015 Best Law Firms
- Six Arrowood Peters Attorneys Named to the 2014 Massachusetts Super Lawyers & Rising Stars Lists
- Lisa Arrowood & Kevin Peters Selected to 2014 Best Lawyers in America
- Lisa Arrowood Inducted into the International Academy of Trial Lawyers
- Raymond Ausrotas Lead Author of LexisNexis Guide to Massachusetts Civil Trial Practice
- Lisa Arrowood nominated as President-Elect by the Boston Bar Association
- Lisa Arrowood and Jed DeWick Obtain Summary Judgment On Behalf of Large Financial Services Firm
- Raymond Ausrotas Served as Trial Advisor in the Winter 2014 Harvard Law School Trial Advocacy Workshop
- Raymond Ausrotas Served as Guest Lecturer at Fall 2013 B.U. Law School Course on Electronic Discovery
- Arrowood Peters LLP Ranked as First Tier Firm in 2014 U.S. News - Best Law Firms
- Jed DeWick Appointed Chairperson of the Massachusetts Bar Association Civil Litigation Section Council
- Lisa Arrowood of Arrowood Peters LLP Ranked Number 2 in Massachusetts by Super Lawyers
- Six Arrowood Peters Attorneys Named 2013 New England Super Lawyers & Rising Stars
- Lisa Arrowood Obtains $410,000 Settlement for Woman Injured in Golf Cart Accident
- Lisa Arrowood and Kevin Peters Selected by Peers to be Included in 2014 Best Lawyers in America
- Jed DeWick Provides Pro-Bono Representation to Victims of Boston Marathon Bombing
- Raymond Ausrotas Serves As Panelist At MCLE Seminar, Civil Motions Practice
- Arrowood Peters LLP Selected by Peers for 2013 Edition of Best Lawyers in America
- Lisa Arrowood Lectures at Suffolk Law School
- Raymond Ausrotas Served as Trial Advisor in the Harvard Law School Winter 2013 Trial Advocacy Workshop
- Lisa Arrowood Selected as 2013 Top Rated Lawyer in Labor & Employment
- Lisa Arrowood Wins Lawsuit Reinstatement from Appeals Court
- Lisa Arrowood was a Panelist at ABA Seminar
- Arrowood Peters LLP Becomes a Boston Bar Sustaining Member
- Five Arrowood Peters Attorneys Named to 2012 New England Super Lawyers
- Lisa Arrowood Recognized as One of the Top Ten Lawyers in Massachusetts
- $150,000 Settlement Won at Mediation for Toddler Given Wrong Medication
- $150,000 Settlement to 12-Year-Old who Suffered Post-Appendicitis Damage
- Raymond P. Ausrotas Lead Author of Lexis Guide to Massachusetts Civil Pretrial Practice
- Arrowood Peters LLP Receives Tier 1 Ranking in 2013 Edition of U.S. News 'Best Law Firms'
- Lisa Arrowood has been recognized by Lawyers Weekly as one of Massachusetts Top Women of Law
- Lisa Arrowood Selected by Massachusetts Lawyers Weekly as One of Its Top Women of Law
- Lisa Arrowood Elected Secretary of the Boston Bar Association
- Lisa Arrowood Recognized by Chambers USA
- Raymond Ausrotas Authors Article Published by ABA Litigation Committee Regarding Deposition Breaks
- Lisa Arrowood Chosen for 2012 Edition of America's Most Honored Professionals
- Lisa Arrowood & Kevin Peters Selected for 2012 Edition of Best Lawyers in America
- Raymond Ausrotas Quoted in Mass. Lawyers Weekly Article on SJC Decision
- Raymond Ausrotas Served as Trial Advisor in the Harvard Law School Winter 2012 Trial Advocacy Workshop
- Lisa Arrowood Quoted in Boston Business Journal
- Arrowood Peters LLP Listed in 2015 Best Law Firms
- Lisa Arrowood and Kevin Peters Selected as “Top Lawyers” in American Lawyer’s Annual Guide to Commercial Litigation
- Four Arrowood Peters LLP Attorneys Named 2011 New England Super Lawyers
- Lisa Arrowood, Kevin Peters, Raymond Ausrotas, and Jed DeWick Found Arrowood Peters LLP
- Raymond P. Ausrotas is announced as "Chair, MBA Section Council in Civil Litigation, 2011-12"
- Lisa Arrowood Quoted in Nature.com Article on Gender Discrimination in Medical Research
- Raymond Ausrotas Moderates Panel of 3 Superior Court Judges at MBA's Centennial Conference
- Raymond Ausrotas Served as Panelist at MBA's Employment Law Open Meeting
- Lisa Arrowood and Jed DeWick Obtain $3M Settlement in Kernicterus Case
- Raymond Ausrotas Featured in MBA's Civil Litigation News
- Lisa Arrowood's Case Named as One of Massachusetts Verdicts Topping $1 Million in 2010
- Lisa Arrowood on MCLE Panel: "Winning Your Case Before Trial"
- Lisa Arrowood Named "Leading Individual" by Chambers USA
- Lisa Arrowood Panelist at Massachusetts Academy of Trial Attorneys Trial Success Stories Program
- Lisa Arrowood Wins $2.4 Million in Medical Malpractice Trial
- Lisa Arrowood Named in 2010 "New England Super Lawyers" Magazine
- Lisa Arrowood and Jed DeWick Achieve $700,000 Settlement for Client
- Lisa Arrowood Named "Boston's Best Lawyers"
- Lisa Arrowood Named "Leading Lawyer" by Chambers USA
- Lisa Arrowood Serves as Trial Advisor in the Harvard Law School Winter 2010 Trial Advocacy Workshop
- Lisa Arrowood Speaks on BBA Program: "Is the Civil Justice System in Serious Need of Repair?"
- Lisa Arrowood Settles Claim on Impending Stroke for $750,000
- Lisa Arrowood Presents at BBA's Young Lawyers Section on the Basics of Medical Malpractice
- Lisa Arrowood Elected as Member of Boston Bar Association Council
- Lisa Arrowood Named State Chair of the American College of Trial Lawyers
- $800,000 Settlement Achieved by Lisa Arrowood in Sex Discrimination Suit
- Lisa Arrowood and Jed DeWick Win $1.9 Million Verdict in Medical Malpractice Trial
- Lisa Arrowood Settles Medical Malpractice Claim for $500,000 in Shunt Malfunction Case
- Lisa Arrowood and Raymond Ausrotas Achieve $1.75 Million Settlement in Gastric Bypass Case
- Lisa Arrowood Serves as "Bench Meets Bar" Panelist
- Lisa Arrowood Appointed by SJC to Board of Bar Overseers
- Lisa Arrowood Settles Automobile Accident Claim for Non-US Resident
- Lisa Arrowood and Jed DeWick Settle Medical Malpractice Claim for $315,000
- Lisa G. Arrowood Obtains $250,000 Settlement in Infant Jaundice Case
- Lisa Arrowood Teaches at Training Program for Center for Legal Aid Education and American College of Trial Lawyers
- Lisa Arrowood and Jed DeWick Obtain $460,000 Settlement for Family in Infant Death Case
- 11th Annual Personal Injury Law Conference Features Lisa Arrowood
- Lisa Arrowood Named "Massachusetts Super Lawyers"
- "Overcoming Juror Bias in Your Tort Cases" Panel Features Lisa Arrowood
- Lisa Arrowood Lectures at Brown University
- "Medical Malpractice Update" Panel Features Lisa Arrowood
- Lisa Arrowood and Raymond Ausrotas Achieve $2.62 Million Verdict in Child Abuse Case Against School
- Lisa Arrowood Advises at Harvard Law School Trial Advocacy Workshop
- Lisa Arrowood, Ray Ausrotas, and Ed Foye Secure Top Verdicts and Settlements of 2006
- Lisa Arrowood Obtains $8.4M Settlement in Fire Case
- $350,000 Settlement for MS Diagnosis Not Reported by Doctor
- $2 Million Personal Injury Verdict Won for Child Who Was Victim of School Abuse
- Lisa Arrowood Named to "Massachusetts Super Lawyers"
- $5 Million Settlement for Family of Child With Brain Damage Following Birth
- $1.01 Million Settlement Won for Mother Who Suffered Stroke While Delivering Twins
- Lisa Arrowood Appears on “Legal Briefs” Television Program
- $5 Million Settlement Achieved for Family in Kernicterus Case