Young v. Saldanha
In Young v. Saldanha, 189 W. Va. 330, 431 S.E.2d 669 (1993), the Court required a formal waiver of the peer review privilege, the physician and the hospital involved therein repeatedly requested the presiding court to enter protective orders to ensure the peer review documents at issue retained their confidentiality by remaining under seal. See Young, 189 W. Va. at 332 & 336, 431 S.E.2d at 671 & 675.
To this end, the Court observed that "five distinct orders were entered for the purpose of protecting information from public disclosure. Additionally, . . . both parties to the litigation 'consistently transmitted the pleadings to the circuit court with notations that the entire file was under seal.'" Id., 189 W. Va. at 335 n.9, 431 S.E.2d at 674 n.9.
In short, the Court concluded that the parties asserting the peer review privilege in Young "did everything in their power to preserve the confidentiality of the peer review records that were obtained." Id.
Furthermore, there is no indication that the parties in Young sought to introduce such evidence during the underlying proceedings or to formally place such documents on the record therein.