The Supreme Court of Appeals of West Virginia issued a new opinion that finds that litigants cannot characterize claims as “corporate” or “general” negligence in an attempt to circumvent the West Virginia Medical Professional Liability Act (“MPLA”). In State of West Virginia, ex rel. West Virginia University Hospitals, Inc. v. Scott, et al., No. 21-0230 (November 22, 2021), the Court granted Petitioner’s writ of prohibition, vacating the Circuit Court’s (1) order denying Petitioner’s motion to dismiss, and (2) order denying declaratory judgment. In doing so, the Court clearly explained that “anchor” health care claims and “ancillary” health care claims that arise “in the context of rendering health care” are governed by the MPLA and litigants cannot avoid its application with “creative pleading.”
Respondents, Sarah F. and Daniel F., filed a lawsuit alleging that one of their twins was neurologically impaired eleven hours after delivery as a result of the negligent introduction of air bubbles into the infant’s intravenous tubing by a nurse employed at Ruby Memorial Hospital in Morgantown, West Virginia. Petitioner, West Virginia University Hospitals, Inc. (“WVUH”), filed an answer and petition for declaratory judgment asking the Circuit Court of Monongalia County to declare that the MPLA applies to the “corporate negligence” claims asserted by Respondents in their Complaint. Prior to the ruling on the petition for declaratory judgment, Respondents filed an Amended...
For years, Democrats and Republicans have debated the significance of the laptop, which was left for repair at a Delaware shop. Today at 3:52 p.m. EDT The Justice Department on Friday charged two f...