CHARLESTON — The West Virginia Supreme Court of Appeals has reiterated that the state's Medical Professional Liability Act has a statute of limitations of two years and that cannot be changed.
Justice Tim Armstead authored the November 8 majority opinion, stating that the court concluded that the circuit court did not err in granting summary judgment in favor of the respondents, which included Tygart Valley Total Care Clinic, Grafton City Hospital and Dr. Joseph Duvert.
In October 2020, William Sager filed a medical negligence lawsuit against the respondents under the MPLA. Sager claimed the respondents' overprescription of controlled substances led to his debilitating addiction to pain medication.
The MPLA stipulates a two-year statute of limitations for medical negligence claims, either from the date of the injury or when the person discovers or should have discovered the injury with reasonable diligence.
The respondents moved to dismiss Sager's case, arguing it was filed after the statute of limitations had expired.
The circuit court ultimately ruled in favor of the respondents. Sager then sought to alter or amend the judgment under Rule 59(e), but the court denied the motion. Sager then appealed the denial.
The court's review considered Sager's history, starting with a 2003 motor vehicle accident that caused lower back and shoulder pain. He received treatment from the respondents until February 2018.
In December 2017, Sager was arrested for a domestic incident involving a firearm, and his subsequent indictment in January 2018 initiated his treatment for substance abuse in February 2018.
In February 2018, Sager underwent medical detoxification at United Hospital Center Rehabilitation and he then completed a rehabilitation program in August 2018, with a letter from Dr. Roger A. Lewis of the Cranberry Medical Clinic noting concerns about the prescribed medications and their excessive amounts.
Sager's successful completion of the drug rehabilitation program was disclosed to the court in May 2018.
Sager's counsel requested medical records in May and July 2018 for potential litigation purposes. Sager served his first notice of claim on Jan. 22, 2020, and a judicial emergency was declared in March 2020 due to the COVID-19 crisis.
The third notice of claim, accompanied by a screening certificate of merit, was served in July 2020. The complaint against the respondents was filed on Oct. 13, 2020.
The respondents filed motions to dismiss in December 2020, citing failure to comply with MPLA requirements and asserting that the complaint was filed after the statute of limitations had expired. A hearing on the motions took place in September 2021, and the court, considering them as motions for summary judgment, ruled in favor of the respondents.
The court found that Sager failed to serve the screening certificate of merit by May 29, 2020, as required by an administrative order and that the complaint exceeded the statute of limitations.
The order granting summary judgment was entered on Nov. 19, 2021. Sager filed a Rule 59(e) motion on Dec. 3, 2021, seeking to alter or amend the judgment, but the court denied the motion on Jan. 27, 2022.
Sager's attorney, Joseph H. Spano Jr. of Pritt & Spano in Charleston, said the Supreme Court's opinion in the matter, while not going in the way of his client, was still well-written and detail-oriented.
"I think my arguments were good, and that it could have gone either way, but I respect their decision," Spano said to The West Virginia Record. "I think their opinion is well written. It was a well-drafted argument by the court. I’d like to have seen it go the other way, but when you read a well-written opinion by our court, I understand why they ruled that way."
The respondents' attorneys did not respond to requests for comment.
West Virginia Supreme Court of Appeals case number: 22-0158
