CHARLESTON — The West Virginia Supreme Court of Appeals found that physicians were not at fault for a man's suicide.
Ashlee R. Hull and Misty D. Adkins, the co-executrixes for the estate of John Edward Hull Sr. appealed a motion to dismiss from Kanawha Circuit Court. They had sued Dr. Muhammed Samar Nasher-Alneam of Neurology & Pain Center (NPC); Dr. Clark David Adkins of Bone and Joint Surgeons (BJS); Dr. Deleno H. Webb III; the Estate of Eric S. Webb PC; and Area Psychiatric and Psychotherapy Group, along with unknown and unnamed physicians, pharmacists and corporations.
"Here, Mr. Hull’s death was the result of a self-inflicted gunshot wound—not an overdose on any prescriptions prescribed by respondents," the Supreme Court decision states. "Because the lower court recognized petitioners’ inability to prevail on a negligence claim by virtue of the Moats rule, it did not err as to petitioners’ statutory prima facie negligence arguments."
John Hull treated with Nasher at NPC from August 2012 until Nasher terminated their physician-patient relationship on April 28, 2014. Neither Nasher nor anyone from NPC treated John Hull after that day. Hull was also treated by Adkins at BJS between April 2004 and August 2014.
Neither Adkins nor any representatives of BJS had further contact with John Hull after August 2014 and John Hull died on Jan. 7, 2016, from a self-inflicted gunshot wound to the head.
The petitioners filed this Medical Professional Liability Act (MPLA) action asserting medical professional negligence against respondents stemming from John Hull’s death in May 2018, alleging that John Hull was treated by the respondents for complaints of chronic pain and sleeplessness resulting from multiple vehicle accidents and work-related injuries.
They claimed that the respondents failed to properly treat the causes of John Hull’s pain, were negligent in the prescribing of controlled substances, and/or failed to refer him to other specialists/physicians for treatment. They also alleged that John Hull became addicted to controlled substances, causing him to suffer anxiety, depression and increased pain. They claimed that John Hull died by suicide due to his addiction, anxiety, depression and pain.
The respondents filed motions to dismiss and the circuit court granted the motions to dismiss in October 2018. The circuit court found that the petitioners’ claims do not fall within the narrow exception to the Moats rule, because John Hull was not in the custodial care of respondents, the respondents did not know that John Hull was suicidal and they did not have a duty or an opportunity to prevent his suicide. The petitioners then appealed.
"Here, construing the complaint in the light most favorable to petitioners, petitioners can prove no set of facts to entitle them to the relief requested in the complaint," the decision states. "It is undisputed that Mr. Hull committed suicide and died as a result of a self-inflicted gunshot wound to the head."
West Virginia Supreme Court of Appeals case number: 18-1028