MORGANTOWN — Several defendants in a medical malpractice lawsuit filed motions to dismiss the case.
A motion to dismiss was filed on behalf of Dr. Richard Kerr, Jann Foley, Women’s Health Care of Morgantown, Monongalia County General Hospital Company and up to 10 unnamed nurses and other staff of Monongalia County General Hospital Company. Mon County General Hospital is now Mon Health Medical Center.
West Virginia University Hospital Inc. also requested a dismissal and also filed a request to join the dismissal filed on behalf of other defendants in the case.
The suit, filed by Angela Wilson, then Angela Rife, claims that medical professionals at WVU Hospitals, Mon Health Medical Center and Women’s Health Care of Morgantown unduly delayed the cesarean section delivery of her son, Landon, in February 2006, which has led to lifelong developmental disorders and complications.
The dismissal motion filed on behalf of Mon Health Medical Center and its employees stated the notice of claim was not mailed within the 12-year statute of limitation. The claim was filed on, not prior to, Landon’s 12th birthday and as such is outside of the available statutory window, the motion stated.
WVU Hospitals’ independent motion to dismiss raised the same point about the timeliness with which the claim was filed and additionally claimed the suit failed to be specific about the standard of care and alleged breaches of that standard that would apply to its employees.
Alternatively, Mon Health Medical Center’s motion asked the court dismiss count five of the suit, which names one to 10 unnamed nurses and staff of Monongalia County General Hospital Company because Wilson should know the identities of those involved in her treatment through her medical records. It also stated the allegations of negligence extend beyond the scope of the expert’s opinion in the screening certificate of claim and screening certificate of merit.
A hearing is scheduled before Monongalia County Circuit Court Judge Phillip Gaujot in June.
