CHARLESTON — The West Virginia Supreme Court found that there was no error made by a lower court in a lawsuit involving a pain management doctor and his clinic.
Dr. Roland F. Chalifoux Jr., and his clinic, Valley Pain Management Clinic, appealed orders from Kanawha Circuit Court from Feb. 6, 2018, and Oct. 4, 2021.
The orders granted summary judgment to respondents, including the West Virginia Department of Health and Human Resources, the West Virginia Bureau for Public Health, and its former Commissioner and State Health Officer, Dr. Letitia Tierney, according to the Oct. 26 West Virginia Supreme Court of Appeals opinion.
Justice Bill Wooton authored the majority opinion.
The appeal stemmed from allegations that DHHR breached confidentiality by issuing a press release disclosing unsafe injection practices at Chalifoux's clinic, while a due process claim was brought against the West Virginia Board of Osteopathic Medicine for failure to provide a timely hearing following the summary suspension of Chalifoux's medical license.
The underlying events began on Oct. 22, 2013, when a patient at Chalifoux's clinic was diagnosed with bacterial meningitis after undergoing an epidural steroid injection. The Bureau initiated an investigation, uncovering alleged unsafe injection techniques at the clinic and the investigation raised concerns about the potential transmission of bloodborne diseases due to practices such as "double-dipping" syringes.
Despite improvements noted in subsequent inspections, the Bureau remained concerned about the clinic's practices and by February 2014, the Bureau, led by Dr. Danae "Dee" Bixler, concluded that there was no evidence of disease transmission, but due to the seriousness of the potential risk, further patient notification was recommended by the CDC. This led to a dispute between Chalifoux and the Bureau regarding the scope of records requested.
Chalifoux's refusal to cooperate prompted Tierney to file a complaint with the Board of Osteopathic Medicine in July 2014. The Board of Osteopathic Medicine responded with a summary suspension of Chalifoux's license on July 25, 2014, citing probable cause and an immediate danger to the public.
Chalifoux claimed a violation of due process against the Board of Osteopathic Medicine for not providing a timely hearing. The court, however, found that this claim could have been brought in a previous action for injunctive relief, which had been settled and dismissed, and was thus barred by res judicata. The court also ruled in favor of DHHR, determining that the issuance of a press release was a discretionary act protected by qualified immunity.
The appellate court, after reviewing the arguments, record and applicable law, affirmed the circuit court's orders. It found no error in the conclusion that DHHR was entitled to qualified immunity, as the press release was within their discretionary authority.
Additionally, the court upheld the finding that Chalifoux's due process claim against the Board of Osteopathic Medicine was barred by res judicata, emphasizing that he could have pursued all related claims in the earlier injunctive action, preventing piecemeal litigation.
The appellate court affirmed the lower court's decisions, supporting the DHHR's qualified immunity and applying res judicata to dismiss Chalifoux's due process claim against the Board of Osteopathic Medicine.
Attorneys for the parties declined to comment due to ongoing litigation.
Earlier this year, Chalifoux filed suit against several hospitals and hospital associations, claiming he was pushed out of the market.
Chalifoux, who was previously indicted on healthcare fraud charges in 2017 that were later dropped, claims that Wetzel County Hospital suspended his privileges on June 16, 2022, following an incident on June 6. The complaint does not specify the nature of the allegations against Chalifoux.
In his federal complaint, Chalifoux accuses WCH and WVU of intentionally driving him out of the market to monopolize competition, stating they recruited another pain management specialist, Dr. Luay Mrad. Chalifoux asserts defamation, civil conspiracy, tortious interference, and violation of due process with the "sham peer review." He alleges a violation of the Sherman Antitrust Act for restraint of trade.
West Virginia Supreme Court of Appeals case number: 21-0902
