Fresenius Medical Care Holdings, Inc. v. HoodAnnotate this Case
Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc., operated dialysis treatment clinics throughout the United States, including Mississippi. Fresenius also manufactured and sold dialysis products, including GranuFlo, a product administered to patients being treated for end-stage renal disease. GranuFlo was an acid concentrate mixed with bicarbonate and water to create a dialysis fluid. In 2014, the State of Mississippi brought a civil action against Fresenius, alleging that it had engaged in unfair and deceptive trade practices in connection with GranuFlo in violation of the Mississippi Consumer Protection Act. At issue before the Mississippi Supreme Court in this appeal were a batch of discovery disputes arising between the State and Fresenius brought on interlocutory appeal. The State filed a motion to compel discovery against Fresenius and requested a privilege log. Fresenius provided the State with a privilege log similar to the logs produced in other GranuFlo litigation pending elsewhere. Although the State had objected, Fresenius did not log each individual email and email attachment; rather, Fresenius logged “families” or aggregates of documents. The chancery court granted the State’s motion to compel and ordered Fresenius to produce a “full and complete privilege log” to the State. Fresenius produced a second amended privilege log to the State, continuing to use the family logging method. The State filed a second motion to compel, seeking: (1) all emails and email attachments not separately identified on Fresenius’s July 1, 2016, privilege log; (2) withheld documents referred to as attorney notifications (nurses’ memoranda sent to doctors and in-house counsel); and (3) withheld documents referred to as public comment advice (public relations documents). The chancery court ordered Fresenius to produce all emails and email attachments that were responsive to the State’s discovery requests, that had not been produced, and that had not been separately identified on Fresenius’s July 1, 2016, privilege log. The chancery court also ordered Fresenius to submit attorney notifications and public relations documents for in camera review, later ordering production of the notifications. Fresenius appealed these orders. The Mississippi Supreme Court reversed the chancery court's order with respect to the public relations documents; the Court affirmed in all other respects.