The Estate of Marjorie I. Verba, by Sally Jo Nolan, Executrix v. David A. Ghaphery, M.D., 210 W. Va. 30

Summary

The Supreme Court of Appeals of West Virginia affirmed a reduced medical malpractice judgment and upheld the constitutionality of the state's statutory cap on noneconomic damages. The court declined to revisit its prior decision sustaining the cap, rejected challenges based on separation of powers and inflation, and refused to award attorney fees and costs merely because the jury's noneconomic damages exceeded the cap. The opinion includes dissenting views challenging the cap under the state constitutional guarantees of equal protection and a certain remedy.

Holdings

1. West Virginia Code § 55-7B-8's $1,000,000 cap on noneconomic damages in medical-professional-liability actions is constitutional and does not violate the West Virginia Constitution's equal-protection, special-legislation, substantive-due-process, certain-remedy, or jury-trial provisions.
2. The statutory cap is not an impermissible legislative remittitur and does not violate separation of powers because the legislature may alter the common law and set reasonable limits on recoverable damages in civil causes of action.
3. The passage of time and inflationary reduction in the cap's real value do not render the cap unconstitutional or invalid.
4. Attorney fees and costs are not recoverable merely because a prevailing medical-malpractice plaintiff receives a noneconomic-damages verdict exceeding the statutory cap.

Questions Presented

1. Whether West Virginia Code § 55-7B-8, which capped recoverable noneconomic damages in medical-professional-liability actions at $1,000,000, violated the West Virginia Constitution.
2. Whether the cap violated separation of powers by functioning as a legislative remittitur.
3. Whether inflationary erosion rendered the cap unconstitutional or invalid.
4. Whether attorney fees and costs should be awarded when a medical-malpractice verdict exceeds the statutory cap.

Disposition

affirmed