Wilson v. United States

MEMORANDUM OPINION

ELLIS, District Judge.

A pretrial motion in limine filed by the defendant in this medical malpractice action presented the question whether the West Virginia Medical Professional Liability Act (MPLA), W. Va.Code § 55-7B-1, et seq., limits the amount of damages that the plaintiff may recover from the United States under the Federal Tort Claims Act (FTCA), 28 U.S.C. § 1346(b). Following a hearing, defendant’s motion in limine was granted, the Court ruling from the bench that the MPLA is applicable in FTCA cases and thus that plaintiffs non-economic damages caused by defendant’s…