Intermediate Appellate Court Upholds Minor Statute of Limitations in MPLA
November 12, 2025
Section 55-7B-4 of the Medical Professional Liability Act (MPLA), requires that lawsuits for injuries to minors under ten years of age must be filed within two years of the date of injury or prior to the minor’s twelfth birthday. This limitation is shorter than the general statute of limitations which requires lawsuits for injuries to minors be brought within two years of turning “full age” or eighteen, and in no case more than 20 years from the date of injury.
In Osborne v. Mace, after filing suit beyond the time limit in section 55-7B-4, the plaintiff argued his suit was timely filed under the general statute, and that the shorter MPLA statute did not apply because it was unconstitutional in violation of the state constitution’s equal protection clause. After the circuit court dismissed the action as barred by the statute of limitations, the plaintiff appealed.
Examining the statute, the Intermediate Appellate Court applied a “rational basis” test, asking whether the challenged law “rationally furthers a legitimate state purpose or interest.” Writing for the unanimous court, Judge Daniel Greear found the legislature had a rational basis, “[a]s a part of the effort to stabilize and maintain the health care system and its quality in West Virginia,” to enact the shorter statute of limitations for minors because it limited health care providers’ exposure to “potentially stale claims” to “ensure the availability of quality health care.” The shorter statute also “incentivize[d] quality health care providers to remain in West Virginia” by assisting them in “obtaining predictable and competitive insurance premiums by allowing for better estimation of the malpractice risks.” Judge White filed a separate opinion concurring that the statute was constitutional under a proper application of the rational basis which affords deference to the legislature.
This means that suits for injuries to minor plaintiffs must be filed in compliance with the MPLA. This prevents stale claims and litigation for matters that, under the general statute, may have occurred twenty plus years before the suit was filed. This is an excellent result, which affirms the MPLA’s protection of health care providers.
Chelsea Brown and Blair Wessels of Jackson Kelly represented the defendant physician and the West Virginia University Board of Governors. Lauren Krupica with West Virginia United Health System, Inc., served as counsel for the defendant nurse and United Hospital Center.