West Virginia Caps Damages for Medical Malpractice

James MacDonald, a patient with pneumonia and a kidney transplant recipient, was admitted to a West Virginia hospital in 2004. There, he received medication for his pneumonia while already on medication for his kidney transplant. The two differently purposed medications interacted dangerously, resulting in serious side effect, rhabdomyolysis. Rhabdomyolysis is the breakdown of muscle fibers, which is then released into the blood stream, which can lead to kidney damage.

He sued the West Virginian hospital and the treating physician on the claims that the rhabdomyolysis reduced his enjoyment of life and caused substantial pain and suffering. The medical malpractice lawsuit was ruled in his favor, resulting in payments from the physician and hospital of $129,000 for medical expenses and lost wages and $1 million for pain and suffering. MacDonald's Wife was awarded $500,000 in pain and suffering damages.

However, a circuit court judge lowered the total sum for pain and suffering to $500,000, citing a West Virginian law cap on non-economic medical malpractice damages. In 2003, West Virginia made a law that capped damages for pain and suffering at $250,000 for regular cases and $500,000 for more severe cases. The medical association of West Virginia lobbied for the law and former Governor Bob Wise (D-West Virginia) signed it into law in hopes of bettering the health care system's exorbitant costs for the state's residents.

MacDonald appealed the decision and the case went to the West Virginia Supreme Court. In the end, the judges ruled four to one, ruling against MacDonald and in favor of keeping the cap. Chief Justice Margaret Workman (D-West Virginia) stated in the opinion, "While one or more members of the majority may differ with the legislative reasoning, it is not our prerogative to substitute our judgment for that of the legislature, so long as the classification is rational and bears a reasonable relationship to a proper governmental purpose."

"The state Supreme Court has given its stamp of approval to the legislature's effort to preserve access to quality affordable health care in West Virginia," said John H. Schmidt, III, the president of the West Virginia State Medical Association. "The cap was the cornerstone to the reforms passed in 2003 that have worked amazingly well for the patients we care for. I applaud the Court's well-reasoned decision. From the moment the legislation was signed into law almost a decade ago, we knew the state Supreme court would have the final word. Today is that day, and the word we've received from the Court is a very good one indeed."

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