CHARLESTON, W.Va. — The House Judiciary Committee has passed and sent to the floor another in a series of legal reforms that have so far dominated this legislative session. SB 6, the Medical Professional Liability Act, expands the caps on medical malpractice damages to include more health care providers, including nursing homes and pharmacies.
The bill, pushed by the Republican majority, survived more than 20 attempts by Democrats on the committee to amend the bill. The Senate passed the bill earlier with bi-partisan support 31-1-2.
The impetus for the bill was a 2011 verdict in Kanawha County Circuit Court in the case of Dorothy Douglas. The jury awarded $90 million in damages, finding that Douglas died after suffering dehydration and acute renal failure following her stay at the former Heartland of Charleston nursing home.
The state Supreme Court later lowered the verdict to $38 million, but the case still bolstered the argument by Citizens Against Lawsuit abuse that West Virginia is a “judicial hellhole.” Attorneys for the nursing home argued the verdict should have been subjected to the medical malpractice caps.
Under the bill approved Wednesday, non-economic damages in the nursing home case would have been limited to $500,000.
During the committee debate, Delegate Kelli Sobonya (R-Cabell) referenced the Douglas case, saying West Virginia has become a target for out-of-state law firms seeking jackpot verdicts. However, Amy Quezon (cue-zon), one of the attorneys who represented Douglas and was at the committee meeting, later refuted the charge.
“It (the bill) severely limits access to the courts, especially by the elderly,” she told Metronews. “Although it was an extraordinary verdict, it was based on extraordinary facts. I would urge anyone to read the transcripts.”