835 S.E.2d 579
W. Va.2019Background
- Decedent Cody Grove committed suicide in custody at Eastern Regional Jail on Dec. 8, 2015; Estate sued correctional officer Zombro and the Regional Jail Authority on Dec. 7, 2017.
- The Estate amended to add PrimeCare (a contract medical provider) on May 10, 2018, alleging failures in medical screening, housing/monitoring, staffing/training and related negligence/ wrongful death and constitutional claims.
- The Estate did not serve the MPLA-required pre-suit notice of claim on PrimeCare before filing the amended complaint; the circuit court later ordered the Estate to serve notice and the Estate e-filed a Notice of Claim on July 17, 2018.
- PrimeCare moved to dismiss for lack of compliance with the West Virginia Medical Professional Liability Act (MPLA) pre-suit notice and screening-certificate requirements and asserted a statute-of-limitations defense. The circuit court denied dismissal, concluding post-filing notice sufficed and a certificate of merit was unnecessary.
- The Supreme Court granted PrimeCare’s petition for a writ of prohibition, held the MPLA pre-suit notice is jurisdictional, vacated the circuit court’s order, and remanded with directions to dismiss the Estate’s claims against PrimeCare for lack of subject-matter jurisdiction.
Issues
| Issue | Plaintiff's Argument (Estate) | Defendant's Argument (PrimeCare) | Held |
|---|---|---|---|
| 1. Are MPLA pre-suit notice requirements jurisdictional? | MPLA does not deprive the court of jurisdiction; procedural/waivable. | MPLA notice is jurisdictional; failure deprives the court of subject-matter jurisdiction. | MPLA pre-suit notice is jurisdictional; failure to provide it deprives court of subject-matter jurisdiction. |
| 2. Do the Estate’s claims against PrimeCare constitute a "medical professional liability" action under the MPLA? | Many claims are nonmedical/administrative and thus outside MPLA. | The allegations concern medical screening, monitoring, staffing and supervision—fall within MPLA definitions. | Allegations fall within MPLA definitions of "health care" and "medical professional liability," so MPLA applies despite pleading labels. |
| 3. Was a screening certificate of merit required before filing? | Estate argues its theory is well-established and does not require expert testimony, so no certificate was needed. | PrimeCare contends a certificate was required given the medical/clinical issues alleged. | Court disagreed with Estate’s blanket claim; many exceptions exist but certificate question aside, failure to serve pre-suit notice was dispositive. |
| 4. May a circuit court permit post-filing service of MPLA notice or otherwise waive the statutory notice requirement? | Court may allow remedy/cure by ordering notice after filing or use Hinchman procedures. | Statutory pre-suit notice is mandatory and not subject to judicial waiver; post-filing notice does not cure jurisdictional defect. | Circuit court has no authority to suspend or waive the MPLA pre-suit notice; permitting post-suit notice would be judicial repeal; dismissal required. |
Key Cases Cited
- State ex rel. Peacher v. Sencindiver, 160 W. Va. 314 (W. Va. 1977) (standard for issuing writ of prohibition).
- Blankenship v. Ethicon, Inc., 221 W. Va. 700 (W. Va. 2007) (MPLA applies to torts committed in context of rendering "health care" regardless of pleading).
- Hinchman v. Gillette, 217 W. Va. 378 (W. Va. 2005) (discussing MPLA pre-suit procedures and certificates of merit).
- Davis v. Mound View Health Care, Inc., 220 W. Va. 28 (W. Va. 2006) (W. Va. Code § 55-7B-6 is clear and must be applied as written).
- Motto v. CSX Transp., Inc., 220 W. Va. 412 (W. Va. 2007) (court may not judicially repeal or waive mandatory statutory pre-suit notice).
- Gates v. Morris, 123 W. Va. 6 (W. Va. 1941) (statutory notice requirements are generally jurisdictional defects).
- Lewis v. Fisher, 114 W. Va. 151 (W. Va. 1933) (distinction between jurisdictional questions of fact and law for prohibition).
- Westmoreland v. Vaidya, 222 W. Va. 205 (W. Va. 2008) (certificate-of-merit necessity turns on objective medical complexity).