October 12th, 2007
Plaintiffs appeal from the circuit court's order granting defendant hospital's motion to dismiss holding that all of plaintiffs' claims are barred by the West Virginia Medical Professional Liability Act and that West Virginia common law does not permit product liability claims to be made against healthcare providers as the distributor or seller of products. The circuit court's order was entered following this Court's remand for reconsideration of the circuit court's initial ruling in light of Boggs-Camden Clarke Mem. Hosp. Corp., 216 W.Va. 656, 609 S.E.2d 917 (2004).
