ROBINSON v. CHARLESTON AREA MED. CENTER

No. 20109.

414 S.E.2d 877 (1991)

Mark A. ROBINSON, Individually and Julia A. Robinson, Individually and as Parent and Natural Guardian of Mark A. Robinson, II, an Infant, Plaintiffs Below, Appellees, v. CHARLESTON AREA MEDICAL CENTER, INC., a West Virginia Corporation, and Kanoj K. Biswas, M.D., Defendants Below; Kanoj K. Biswas, M.D., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 20, 1991.

Rehearing Denied February 13, 1992.


Attorney(s) appearing for the Case

Sprague W. Hazard, Charles F. Johns, Steptoe & Johnson, Charleston, for appellant.

William S. Druckman, Lewis, Ciccarello & Friedberg, Charleston, for appellees.

James A. McKowen, Hunt & Wilson, Charleston, for amici curiae West Virginia Trial Lawyers Ass'n and Ass'n of Trial Lawyers of America.

Karen Speidel Rodgers, Kay, Casto, Chaney, Love & Wise, Charleston, for amicus curiae West Virginia State Medical Ass'n.


McHUGH, Justice:

The key issue in this appeal from a judgment in accordance with a jury verdict in favor of the plaintiffs is the constitutionality, vel non, of the $1,000,000 "cap" on the amount recoverable for a noneconomic loss in a medical professional liability action provided by W.Va.Code, 55-7B-8, as amended. We conclude that such "cap" is constitutional and, therefore, reverse the contrary ruling of...

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