Retaliation Against Alan Brader, M.D. In Brader v. Allegheny General Hospital, 167 F.3d 832 (3rd Cir. 1999), it was proven that the hospital’s outside expert report had several incorrect conclusions. The Court of Appeals, however, ignored these mistakes because it found the report to be "otherwise thorough." The Court implied that the expert report must be entirely mistaken, and that the mistakes must be obvious. Because they were not, the hospital’s decision was not unreasonable, and the first and fourth prongs of the HCQIA immunity test were satisfied. See Swinging pendulum of peer review immunity