Court Watch

Court Watch

Court Watch - Journal March/April 2008

Court Watch - Journal January/February 2008

Court Watch - Journal November/December 2007

Court Watch - Journal July-October 2007

October 9, 2007

Blankenship v. Ethicon, Inc., Appeal No. 33224

Appeal from the Circuit Court of Kanawha County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the MPLA is the sole remedy for a products liability claim against a hospital?

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Packard v. Perry, Appeal No. 33214
Petition for Writ of Prohibition from the Circuit Court of Logan County to the West Virginia Supreme Court of Appeals

TOPIC: Whether a juvenile should have the right to claim damages for medical expenses incurred prior to the age of eighteen?

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Riggs v. West Virginia University Hospitals, Inc., Appeal No. 33335
Appeal from the Circuit Court of Monongalia County to the West Virginia Supreme Court of Appeals

TOPIC: Whether infection control negligence falls within the parameters of the Medical Professional Liability Act?

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Walker v. Sharma, Appeal No. 33308
Appeal from the Circuit Court of Cabell County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the trial court properly granted the defendant judgment as a matter of law by determining that the plaintiff did not present standard of care and causation testimony?

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June 19, 2007

Kominar v. Health Management Associates of W. Va., Inc., et al., No. 33215
Appeal from the Circuit Court of Mingo County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the trial court properly denied plaintiff’s motion for a new trial after a defense verdict was rendered?

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June 7, 2007

Estate of Fout-Iser v. Rhee
Appeal from the Circuit Court of Mineral County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the Circuit Court properly granted summary judgment to the defendant radiologist based on the plaintiffs’ failure to produce adequate expert testimony regarding the standard of care?

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June 7, 2007

Worley v. Beckley Mechanical, Inc., Appeal No. 33190
Appeal from the Circuit Court of Raleigh County to the West Virginia Supreme Court of Appeals

TOPIC: Whether a mental illness occurring after the statute of limitations begins to run will stop the running of the statute?

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June 7, 2007

Brooks v. Galen of West Virginia, Inc., No. 33207
Appeal from the Circuit Court of Greenbrier County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the trial court erred by taking judicial notice of the findings of the Social Security Administration?

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June 5, 2007

Boggs v. Camden-Clark Memorial Hospital, No. 33207
Ruling from the Circuit Court of Wood County and Appeal from the Circuit Court of Wood County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the Circuit Court properly sanctioned the defendant hospital for fraudulent concealment and destruction of evidence?

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May 16, 2007

IRS Memorandum regarding Hospitals Providing Financial Assistance to Staff Physicians to Implement Conversion to Electronic Health Records

TOPICS:
I. Purpose and effect of establishing interoperable EHR systems
II. Health IT Subsidy Arrangement Requirements

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March 25, 2007

Riggs v. WVUH
Petition for appeal from the Circuit Court of Monongalia County to the West Virginia Supreme Court of Appeals

TOPIC: Whether infection control negligence falls within the parameters of the MPLA and attempted challenge to the constitutionality of the cap on non-economic damages established in 1986.

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March 22, 2007

Phillips v. Larry’s Drive-In Pharmacy, Inc., No. 33194.
Certified Question from the Circuit Court of Boone County to the West Virginia Supreme Court of Appeals

TOPIC: In a civil action filed against a defendant licensed pharmacy for allegedly having negligently dispensed medication, is the pharmacy a “health care provider,” as defined by West Virginia Code § 55-7B-2(c)?

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March 22, 2007

Hamrick v. Charleston Area Medical Center, Appeal No. 33107
Appeal from the Circuit Court of Kanawha County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the Open Hospital Proceedings Act applies to a hospital’s Medical Staff Executive Committee?

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March 7, 2007

Kominar v. Health Management Associates of W. Va., Inc., et al., No. 33215.
Appeal from the Circuit Court of Mingo County to the West Virginia Supreme Court of Appeals

TOPICS: Whether the trial court properly denied plaintiff’s motion for a new trial after a defense verdict was rendered?

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February 21, 2007

Brooks v. Galen of West Virginia, Inc., No.33207
Appeal from the Circuit Court of Greenbrier County

TOPICS:
I. Whether the trial court erred by taking judicial notice of the findings of the Social Security Administration.
II. Whether the trial court erred by improperly excluding plaintiff’s theory of liability with respect to the emergency room physicians.

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January 31, 2007

Hamrick v. Charleston Area Medical Center, et al.1 No. 062794.
Petition for Appeal to the West Virginia Supreme Court of Appeals

TOPIC: Does physician’s self-insurance plan meet the requirements of a self-funding program under the Medical Professional Liability Act and conform to the hospital’s governing documents?

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January 16, 2007

State ex rel. Johnson & Johnson, Corp. & Janssen Pharmaceutica, Inc. v. Karl, Appeal No. 062498
Appeal from the Circuit Court of Marshall County to the West Virginia Supreme Court of Appeals

TOPIC: Whether the trial court should or should not apply the learned intermediary doctrine to a prescription drug and medical malpractice case

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January 16, 2007

Davis v. Mound View Health Care, Inc., No. 33104 (2006).
Petition for Rehearing to the West Virginia Supreme Court of Appeals

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January 15, 2007

Hamrick v. Charleston Area Medical Center, Appeal No. 33107
Appeal from the Circuit Court of Kanawha County

TOPIC: Whether the Open Hospital Proceedings Act applies to a hospital’s Medical Staff Executive Committee?

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January 4, 2007

Riggs v. WVUH
Petition for appeal from the circuit court of Monongalia County to the West Virginia Supreme Court of Appeals

TOPIC: Whether infection control negligence falls within the parameters of the MPLA and the constitutionality of the cap on non-economic damages established in 1986.

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