With no explanation, chose the best option from "A", "B", "C" or "D". Act medical malpractice claim against the United States); Gillman v. United States, 53 F.R.D. 316, 318-19 (S.D.N.Y.1971) (citing Bredice, 51 F.R.D. 187, and holding Plaintiff not entitled to reports of a hospital’s Board of Inquiry investigating suicide.). Nonetheless, the privilege has generally been rejected in other contexts. See e.g. University of Pennsylvania v. EEOC, 493 U.S. 182, 110 S.Ct. 577, 107 L.Ed.2d 571 (1990) (rejecting peer review privilege in academic tenure context and finding no basis for such a privilege in either the First Amendment or the concept of academic freedom); Spencer, 960 F.Supp. at 840-44 (D.N.J.1997) (rejecting the self-evaluative privilege in the mortgage loan context and citing cases rejecting privilege in other contexts); Harding, 914 F.Supp. at 1100 (<HOLDING>). Although of questionable necessity in many

A: recognizing privilege
B: recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available
C: recognizing a selfcritical analysis privilege for materials related to hospital morbidity and mortality conferences
D: recognizing existence of selfcritical analysis privilege but finding it not applicable to protect investigative materials from discovery
D.