MD Spine’s Document Sharing With US Waived Privilege in FCA Case

MD Spine Solutions LLC must provide a whistleblower with documents requested in a False Claims Act case because the company waived privilege by inadvertently providing them to the US government.

MD Spine Solutions—doing business as MD Labs Inc.— and other defendants waived privilege because they had reason to believe they might have inadvertently disclosed privileged materials, and “chose to do nothing about it for over two years,” Magistrate Judge Donald L. Cabell, of the US District Court for the District of Massachusetts, said in a June 7 order granting a motion to compel.

Whistleblower Omni Healthcare Inc. says that the ...