Price v. Raleigh General Hospital, a new opinion from the Intermediate Court of Appeals of West Virginia, is an important case for health care providers and other businesses in West Virginia because the court upheld the dismissal of a wrongful death action against the hospital and physician defendants under the immunity provisions of the Covid-19 Act.
In the midst of the Covid pandemic, the West Virginia Legislature passed the Covid-19 Jobs Protection Act in 2021 to provide immunity from liability by precluding “all suits and claims against any persons for loss, damages, personal injuries, or death arising from COVID-19.” The Legislature found “[t]he threat of liability poses an obstacle to efforts to reopen and rebuild the West Virginia economy and to continue to provide medical care to impacted West Virginians.”
In the Price case, the Price Estate claimed that a delay in the administration of medications in the emergency room at Raleigh General Hospital caused complications resulting in Price’s death. The defendant health care providers moved to dismiss the complaint arguing they were immune under the Covid-19 Act because the delays in care were “impacted care” under the statute which is “care offered, delayed, postponed, or otherwise adversely affected at a health care facility or from a health care provider” related to COVID-19 or the COVID-19 emergency. They also moved to stay discovery pending a hearing as provided by the Act. The circuit court stayed discovery and held an evidentiary hearing. Defendants put on evidence that “there was a dramatic increase in COVID-19 patients” in the hospital’s emergency room during the month Price was treated, the hospital was understaffed because employees were off because of actual or suspected COVID-19 infection, and “on the day Mr. Price sought medical treatment at RGH, there was a surge of patients at RGH, which impacted RGH’s care giving abilities and caused significant delays.” The circuit court dismissed the complaint, and the Estate appealed.
Writing for the Intermediate Court of Appeals, Judge Daniel Greear applied the plain language of the Covid-19 Act and affirmed the circuit court denial of discovery and ruling that the Covid-19 immunity provisions applied. As a result, the ICA in a 3-2 vote affirmed dismissal of the case. Judge Ryan White issued a separate opinion concurring that plaintiffs were not denied due process by the denial of discovery but dissenting because the circuit court should have provided a more comprehensive dismissal order and had discretion to permit discovery.
We will be tracking whether this case will be appealed to the Supreme Court of Appeals of West Virginia.