Legal Opinion

Peper v. St. Mary's Hospital & Medical Center

Colorado Court of Appeals

Decided December 11, 2008No. 07CA2491PublishedCited by 8 opinions

1Opinion of the Court

Opinion by

Judge CONNELLY.

This appeal raises issues under the Health Care Quality Improvement Act of 1986 (HCQIA), 42 U.S.C. §§ 11101-11152. Plaintiff, Eric Anthony Peper, M.D. (Dr. Peper), sued defendants, St. Mary's Hospital and Medical Center (St. Mary's) and three of its officers, for revoking his hospital privileges. Another division of this court previously issued an unpublished opinion reversing summary judgment for defendants. On remand, the district court again granted summary judgment. Again we reverse. Defendants are not entitled to HCQIA immunity because Dr. Peper was denied notice…

2Cases cited16 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Department of Health v. DonahueSupreme Court of Colorado · 1984
  4. Brodeur v. American Home Assurance Co.Supreme Court of Colorado · 2007
  5. Austin v. McNamaraCourt of Appeals for the Ninth Circuit · 1992

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3Cited by8 opinions

  1. Jordan v. Panorama Orthopedics & Spine Center, PCColorado Court of Appeals · 2013
  2. Brandner v. Providence Health & Services - WashingtonAlaska Supreme Court · 2017
  3. Churchill v. University of Colorado at BoulderColorado Court of Appeals · 2010
  4. Lee v. Banner HealthColorado Court of Appeals · 2009
  5. v. BurlingameColorado Court of Appeals · 2019

3 more not listed; retrieve them via the Exa API.

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