Health Care Providers are Protected Against Double Recovery by Plaintiffs Because W. Va. Code § 55-7B-9 (b) Requires Reduction of Jury Verdicts by the Amount of any Pretrial Settlements
March 15, 2024
Hot off the presses yesterday (3/14/2024) is Cummings v. Paine where the Intermediate Court of Appeals (ICA) affirmed that jury verdicts against health care providers must be reduced by the amount of any pretrial settlements.
In Cummings, after the jury awarded $250,000 against a doctor and physician’s assistant, the circuit court adjusted the verdict by the percentage of fault assessed against…