Debra J. Albin-Riley

Health Care

Los Angeles

Debra J. Albin-Riley is an authority in health care litigation as a partner at ArentFox Schiff LLP, where she draws on decades of trial and complex litigation experience.

She is a veteran practitioner in medical staff and peer review litigation issues, a sector in which she recently secured a landmark state Supreme Court decision governing anti-SLAPP and medical staff peer review protections.

Those long-running cases, and an earlier high court opinion, all work toward her chief enthusiasm, the health care field.

"I really enjoy the subject because we represent hospitals and their medical staff members as they are trying to protect patients, not make money," Albin-Riley said.

Her recent Supreme Court and intermediate appellate court wins established that physicians performing peer reviews of their colleagues have absolute immunity from damages arising out of several aspects of the process, including mandatory reporting to licensing agencies, recommendations for physician discipline, peer review settlement discussions and testimony at peer review hearings. Bonni v. St. Joseph Health System, S244148 (Ca. S. Ct., op. filed July 29, 2021); Bonni v. St. Joseph Health System, 83 Cal.App.5th 288 (4th DCA, op. filed Aug. 23, 2022).

At issue in the case was a doctor's claim that the hospital unlawfully retaliated against him by suspending his staff privileges and then terminating him for raising concerns about patient care. The decision allowed Albin-Riley's hospital client to seek to strike some of the petitioner's retaliation claims.

Because the courts ultimately granted the anti-SLAPP motion that was one of the issues in the case, Albin-Riley recently prevailed on a motion for attorneys' fees, securing a six-figure award. The matter is now again in the trial court and will proceed to discovery and summary judgment motion practice.

Albin-Riley noted that the recent decisions helped her guide medical staff and hospital clients during peer review discussions.

A current case stems from the suspension of a medical staff member at a health center who violated staff bylaws. A medical staff peer review is pending simultaneously with the litigation with Albin-Riley serving as the lead lawyer.

With the case now in settlement talks, Albin-Riley declined to disclose details. But she pointed out that she was able to obtain an order staying discovery in the litigation based on a provision in the Health & Safety Code.

"It's all about balancing the protection of the peer review process and the physician's right to seek damages as a whistleblower," Albin-Riley said.

--John Roemer