Macdonald v. City Hosp. Inc.

• Decision Date: 22 June 2011
• Docket Number: No. 35543.,35543.
• Parties: James D. MacDONALD and Debbie MacDonald, his Wife, Plaintiffs Below, Appellantsv.CITY HOSPITAL, INC., and Sayeed Ahmed, M.D., Defendants Below, Appellees.
• Court: West Virginia Supreme Court

227 W.Va. 707

715 S.E.2d 405

James D. MacDONALD and Debbie MacDonald, his Wife, Plaintiffs Below, Appellants

v.CITY HOSPITAL, INC., and Sayeed Ahmed, M.D., Defendants Below, Appellees.

No. 35543.

Supreme Court of Appeals of West Virginia.

Submitted March 8, 2011.Decided June 22, 2011.

Syllabus by the Court

1. “In considering the constitutionality of a legislative enactment, courts must exercise due restraint, in recognition of the principle of the separation of powers in government among the judicial, legislative and executive branches. Every reasonable construction must be resorted to by the courts in order to sustain constitutionality, and any reasonable doubt must be resolved in favor of the constitutionality of the legislative enactment in question. Courts are not concerned with questions relating to legislative policy. The general powers of the legislature, within constitutional limits, are almost plenary. In considering the constitutionality of an act of the legislature, the negation of legislative power must appear beyond reasonable doubt.” Syllabus Point 1, State ex rel. Appalachian Power Co. v. Gainer, 149 W.Va. 740, 143 S.E.2d 351 (1965).

2. “The language of the ‘reexamination’ clause of the constitutional right to a jury trial, W.Va. Const. art. III, § 13, does not apply to the legislature, fixing in advance the amount of recoverable damages in all cases of the same type, but, instead, applies only to the judiciary, acting ‘in any [particular] case[.]’ ” Syllabus Point 4, Robinson v. Charleston Area Medical Center, Inc., 186 W.Va. 720, 414 S.E.2d 877 (1991).

3. “Equal protection of the law is implicated when a classification treats similarly situated persons in a disadvantageous manner. The claimed discrimination must be a product of state action as distinguished from a purely private activity.” Syllabus Point 2, Israel, by Israel v. West Virginia Secondary Schools Activities Comm'n, 182 W.Va. 454, 388 S.E.2d 480 (1989).

4. “ ‘ “Where economic rights are concerned, we look to see whether the classification is a rational one based on social, economic, historic or geographic factors, whether it bears a reasonable relationship to a proper governmental purpose, and whether all persons within the class are treated equally. Where such classification is rational and bears the requisite reasonable relationship, the statute does not violate Section 10 of Article III of the West Virginia Constitution, which is our equal protection clause.” Syllabus Point 7, [as modified,] Atchinson v. Erwin, , 302 S.E.2d 78 (1983).’ Syllabus Point 4, as modified, Hartsock–Flesher Candy Co. v. Wheeling Wholesale Grocery Co., , 328 S.E.2d 144 (1984).” Syllabus Point 4, Gibson v. West Virginia Dep't of Highways, 185 W.Va. 214, 406 S.E.2d 440 (1991).

5. “When legislation either substantially impairs vested rights or severely limits existing procedural remedies permitting court adjudication, thereby implicating the certain remedy provision of article III, section 17 of the Constitution of West Virginia, the legislation will be upheld under that provision if, first, a reasonably effective alternative remedy is provided by the legislation or, second, if no such alternative remedy is provided the purpose of the alteration or repeal of the existing cause of action or remedy is to eliminate or curtail a clear social or economic problem, and the alteration or repeal of the existing cause of action or remedy is a reasonable method of achieving such purpose.” Syllabus Point 5, Lewis v. Canaan Valley Resorts, Inc., 185 W.Va. 684, 408 S.E.2d 634 (1991).

6. West Virginia Code § 55–7B–8 (2003) (Repl.Vol.2008), which provides a $250,000 limit or “cap” on the amount recoverable for a noneconomic loss in a medical professional liability action and extends the limitation to $500,000 in cases where the damages are for: (1) wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) 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 (both subject to statutorily-mandated inflationary increases), is constitutional. It does not violate the state constitutional right to a jury trial, separation of powers, equal protection, special legislation or the “certain remedy” provisions, W. Va. Const. art. III, § 13; W. Va. Const. art. V, § 1; W. Va. Const. art. III, § 10; W. a. Const. art. VI, § 39; and W. Va. Const. art. III, § 17, respectively.

7. “Questions of negligence, due care, proximate cause and concurrent negligence present issues of fact for jury determination when the evidence pertaining to such issues is conflicting or where the facts, even though undisputed, are such that reasonable men may draw different conclusions from them.” Syllabus Point 5, Hatten v. Mason Realty Co., 148 W.Va. 380, 135 S.E.2d 236 (1964).

D. Michael Burke, Esq., Burke, Schultz, Harman & Jenkinson, Martinsburg, WV, and Barry J. Nace, Esq., Christopher T. Nace, Esq., Paulson & Nace, Robert S. Peck, Esq., Center for Constitutional Litigation, P.C., Washington, D.C., for Appellants, James and Debbie MacDonald.Ancil G. Ramey, Esq., Hannah B. Curry, Esq., Steptoe & Johnson PLLC, Charleston, WV, and Stephen R. Brooks, Esq., Flaherty, Sensabaugh Bonasso PLLC, Morgantown, WV, for Appellee, Sayeed Ahmed, M.D.Harry G. Deitzler, Esq., Hill, Peterson, Carper, Bee & Deitzler, PLLC, and Troy N. Giatras, Esq. Stacy A. Jacques, Esq. The Giatras Law Firm, PLLC Charleston, WV, for Amicus Curiae, Public Justice, P.C.Thomas P. Maroney, Esq., Maroney, Williams, Weaver, & Pancake, PLLC, Charleston, WV, for Amicus Curiae, West Virginia Labor Federation, AFL–CIO.Charles R. Bailey, Esq., Brian D. Morrison, Esq., James W. Marshall, III, Esq., Bailey & Wyant, PLLC, Charleston, WV, for Amicus Curiae, West Virginia Board of Risk & Insurance Management.Brenda Nichols Harper, Esq., Charleston, WV, for Amicus Curiae, West Virginia Chamber of Commerce.Michael J. Farrell, Esq., Tamela J. White, Esq., David A. Stackpole, Esq., Farrell, Farrell & Farrell, PLLC, Huntington, WV, for Amicus Curiae, West Virginia Mutual Insurance Company.Mychal S. Schultz, Esq., Jeffrey A. Foster, Esq., Dinsmore & Shohl LLP, Charleston, WV, for Amicus Curiae, Defense Trial Counsel of West Virginia.Mark A. Behrens, Esq., Cary Silverman, Esq., Shook, Hardy & Bacon L.L.P., Washington, D.C., and Evan H. Jenkins, Esq., Charleston, WV, for Amici Curiae, West Virginia State Medical Association, Component Societies of the West Virginia State Medical Association, West Virginia Academy of Family Physicians, West Virginia Hospital Association, American Medical Association, West Virginia Orthopaedic Society, West Virginia Chapter American Academy of Pediatrics, West Virginia Academy of Otolaryngology—Head and Neck Surgery, Inc., West Virginia Podiatric Medical Association, West Virginia Medical Group Management Association, West Virginia Radiological Society, West Virginia State Neurosurgical Society, Health Coalition on Liability and Access, Physicians Insurers Association of America, American Insurance Association, Property Casualty Insurers Association of America, and NFIB Small Business Legal Center. WORKMAN, Chief Justice:

Once again, this Court is asked to consider the constitutionality, vel non, of W. Va.Code § 55–7B–8 which places a limit or “cap” on compensatory damages for noneconomic loss awarded in a medical professional liability action. On two prior occasions, in the cases of Robinson v. Charleston Area Medical Center, Inc., 186 W.Va. 720, 414 S.E.2d 877 (1991) and Verba v. Ghaphery, 210 W.Va. 30, 552 S.E.2d 406 (2001), this Court upheld the constitutionality of the cap which was set at $1,000,000. Since Robinson and Verba were decided, the Legislature amended W. Va.Code § 55–7B–8 and lowered the cap. The statute now provides, in pertinent part:

(a) In any professional liability action brought against a health care provider pursuant to this article, the maximum amount recoverable as compensatory damages for noneconomic loss shall not exceed two hundred fifty thousand dollars per occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, except as provided in subsection (b) of this section.

(b) The plaintiff may recover compensatory damages for noneconomic loss in excess of the limitation described in subsection (a) of this section, but not in excess of five hundred thousand dollars for each occurrence, regardless of the number of plaintiffs or the number of defendants or, in the case of wrongful death, regardless of the number of distributees, where the damages for noneconomic losses suffered by the plaintiff were for: (1) Wrongful death; (2) permanent and substantial physical deformity, loss of use of a limb or loss of a bodily organ system; or (3) 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.

W. Va.Code § 55–7B–8 (2003) (Repl.Vol.2008).¹

In this case, the jury returned a verdict in favor of the appellants and plaintiffs below, James D. MacDonald and Debbie MacDonald, which included an award of $1,500,000 for noneconomic loss.² In accordance with W. Va.Code § 55–7B–8, the circuit court reduced the noneconomic damages award to $500,000, finding that Mr. MacDonald suffered a permanent and substantial physical deformity warranting application of the higher cap amount. The MacDonalds contend in this appeal that the cap contained in W. Va.Code § 55–7B–8 is unconstitutional, and therefore, the circuit court erred in reducing the jury's verdict. The appellees and defendants below, Sayeed Ahmed, M.D., and City Hospital, Inc., assert a cross-assignment of error,...