Supreme Court of Appeals of West Virginia Upholds MPLA’s Limitation on Noneconomic Damages

On June 22, 2011, the Supreme Court of Appeals of West Virginia rejected a constitutional challenge to the West Virginia Medical Professional Liability Act's ("MPLA") limit on "noneconomic" damages, or what is commonly known as damages for "pain and suffering".

In MacDonald v. City Hospital, Inc. and Sayeed Ahmed., M.D., plaintiffs challenged the constitutionality of West Virginia Code § 55-7B-8 of the MPLA, which generally limits noneconomic damage awards in medical professional liability actions to $250,000. Under West Virginia Code § 55-7B-8, the limit or “cap” increases to $500,000 in three circumstances: wrongful death; “permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system”; or “permanent physical or mental functional injury that permanently prevents the injured person from being able to independently care for himself or herself and perform life sustaining activities.”

Plaintiff James MacDonald developed rhabdomyolisis while under the care of Dr. Ahmed at City Hospital. Mr. MacDonald claimed the defendants failed to recognize, diagnose and treat the symptoms of his rhabdomyolisis, which resulted in permanent injury. Mr. MacDonald's wife Debbie MacDonald also asserted a loss of consortium claim against the defendants. At trial, the jury found in favor of the plaintiffs, assessing liability as 70% to Dr. Ahmed and 30% to City Hospital, and awarded $1 million to Mr. MacDonald for noneconomic loss, as reflected in the jury verdict form below. The jury also awarded $500,000 in noneconomic damages to Mrs. MacDonald for her loss of consortium, resulting in a total award of $1.5 million in noneconomic damages.

On post-trial motions, the circuit court reduced the jury’s verdict of $1.5 million in noneconomic damages to $500,000, pursuant to West Virginia Code § 55-7B-8 of the MPLA, rejecting the plaintiffs’ claim that the "cap" is unconstitutional. Plaintiffs then appealed to the Supreme Court of Appeals of West Virginia (“Supreme Court”), claiming that the "cap" violates numerous provisions of the West Virginia Constitution.
By a vote of four to one, the Supreme Court rejected plaintiffs’ challenge, finding that the MPLA “caps” do not violate the state constitutional right to a jury trial, separation of powers, equal protection, special legislation or the “certain remedy” provisions of the West Virginia Constitution. In reaching its decision, the Supreme Court largely relied on its prior decisions which upheld the prior “cap” of $1,000,000 and further observed, “Our decision today places West Virginia squarely with the majority of jurisdictions in holding that caps on noneconomic damages in medical malpractice cases are constitutional.”

Thomas J. Hurney, Jr., a member of Jackson Kelly, PLLC; Jennifer M. Mankins, an associate of Jackson Kelly, PLLC; and Christine S. Vaglienti, Associate Litigation Counsel for WVU Hospitals, represented City Hospital in the appeal.