On Valentine’s Day, February 14, 2025, the Court of Appeals of Virginia ruled in favor of Mr. Waterman’s client in a medical malpractice case, Vinjirayer v. Scordo, Record No. 2149-23-1.
In Newport News Circuit Court in Vinjirayer, Mr. Waterman had issued a Va. Code §8.01-413(C) Subpoena Duces Tecum to Riverside Hospital, Inc. for 2 peer review Committee records containing factual information of patient care, which it refused to provide, claiming Va. Code §8.01-581.17 privilege. Defendant Dr. Vinjirayer also objected on the same ground. Id. at 1. The Vinjirayer Circuit Court “found that Riverside had waived its privilege under Code §8.01-517 when it failed to timely move to quash the subpoena duces tecum and failed to provide a privilege log. Further, the circuit court found that Vinjirayer lacked standing to raise claims of privilege.” Id. The Vinjirayer Circuit Court denied reconsideration and interlocutory appeal to Vinjirayer. Id. at 1-2.
Vinjirayer noticed a direct appeal “of right” – but the Virginia Court of Appeals in Vinjirayer declared it was “without jurisdiction to consider this appeal,” and dismissed the appeal. The Court of Appeals in Vinjirayer explained that “a judgment is not final for purposes of appeal if it is rendered with regard to some but not all of the parties involved in the case,” and that “the challenged order is not a final order because it addressed only Riverside Hospital’s obligation to produce specific documents responsive to Scordo’s subpoena duces tecum,” i.e., because it “adjudicated fewer than all the claims or rights and liabilities of fewer than all the parties”. Id. at 2 (internal quotations omitted). The Vinjirayer Court of Appeals also noted “the challenged order is not an appealable interlocutory order.” Id.
