Estate of Verba Ex Rel. Nolan v. Ghaphery

(Filed July 10, 2001)

I believe that the $1,000,000.00 “cap” imposed by W.Va.Code, 55-7B-8 [1986] is a patent violation of the equal protection and certain remedy provisions of the West Virginia Constitution. This discriminatory statute arbitrarily treats similarly situated persons differently and unfairly, and often deprives severely injured plaintiffs a remedy by due course of law. A plaintiff who is injured by the negligence of anyone other than a “health care provider” can collect his or her full damages as awarded by a jury— but a plaintiff who is injured by the negligence of a “health…