Supreme Court holds that claims against health care providers for “economic” only damages under the Consumer Credit Protection Act are not subject to the Medical Professional Liability Act
June 12, 2025
In Neidig v. Valley Health Care, the Supreme Court held that the Medical Professional Liability Act did not apply to claims by the plaintiff, as a class representative, that she and others had mammograms at Valley Health which were of suboptimal quality. The plaintiff made claims under the Consumer Credit Protection Act (CCPA), and sought as damages reimbursement of the costs of the mammograms and subsequent testing (and damages under the CCPA), and expressly disclaimed any damages for physical injury.
Even though the parties agreed plaintiffs’ claims that the mammograms were of inadequate quality were “health care” as defined in the MPLA, the Supreme Court of Appeals of West Virginia, in a 4-1 decision, agreed with the plaintiffs and found that since they were not claiming physical injury, emotional injury, or death, their claims were not encompassed within the language of the MPLA. “The Medical Professional Liability Act does not apply to a suit against a health care provider or health care facility when the plaintiff claims only economic damages and disclaims all liability based on physical injury, emotional injury, or death.” Justice Wooton wrote the majority opinion, Justice Walker concurred and Justice Armstead dissented.
This case is significant to health care providers because it means that plaintiffs can now bring claims as economic claims under the Consumer Credit Protection Act and completely avoid the important protections provided by the MPLA.