HUNTINGTON – A motion to dismiss has been awarded in a lawsuit against Cabell Huntington Hospital alleging it was responsible for a woman's death.

Cabell filed a motion to dismiss for lack of subject matter jurisdiction and a hearing was held, according to the dismissal order.

The court ruled that the plaintiff had not complied with the statutory prerequisites of the Medical Professional Liability Act, which included the filing of a notice of claim and certificate of merit 30 days prior to the filing of the complaint for medical professional liability, the order states.

The failure of the plaintiff to comply with the statutory prerequisites for filing under the MPLA deprives this court of subject matter jurisdiction and, because of that, the case was ordered to be dismissed.

The lawsuit was dismissed without prejudice.

Robert Harris filed his lawsuit on Dec. 29, in Cabell Circuit Court, alleging that Cabell and Dr. Linda Savory were responsible for the death of his wife, Lydia Harris.

The physician/patient relationship between Savory and Lydia Harris was established on March 16, 2012 and continued until Harris' death, according to the suit.

Robert Harris claimed Savory and Cabell Huntington Hospital deviated from the acceptable standard of care, which caused Lydia Harris' death.

As a direct and natural consequence of the acts and failures of the defendants, Lydia Harris experienced pain and suffering; discomfort; loss of enjoyment of life; and extreme duress before her demise, according to the suit.

Robert Harris claims his wife was caused to suffer her wrongful death on Dec. 27, 2012, due to the defendants' negligence and medical malpractice.

The defendants' actions caused Robert Harris to suffer a loss of support from the reasonably expected earning capacity of the decedent; loss of services of the decedent; loss of society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, counsel, instruction, training and education; loss of prospective inheritance to the decedent's heirs; and mental anguish, according to the suit.

Robert Harris was seeking compensatory and punitive damages. He was being represented by Michael A. Davenport of Lambert Law Office.

Cabell and Savory were represented by Thomas L. Craig and Rebecca C. Brown of Bailes, Craig & Yon PLLC.

The case was assigned to Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 14-C-932




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