In Isaiah v. WMHS Braddock Hospital Corporation and Memorial Hospital and Medical Center of Cumberland, the Fourth Circuit affirmed an order granting summary judgment against Dr. Isaiah in favor of WMHS Braddock Hospital on the basis that summary judgment was appropriate under both HCQIA and the Maryland statutes providing immunity for peer review activity (Md. Code Ann., Health Occ. §14-502 and Cts. & Jud. Proc § 5-638).
Since Dr. Isaiah failed to challenge the separate but equally dispositive basis for granting summary judgment, he therefore waived the right to challenge that on appeal, the Court ran its summary judgment and found that there was no reason to even consider the underlying merits of the HCQIA-based claim.