CHARLESTON, WV (LOOTPRESS) – The West Virginia Supreme Court has granted a writ of prohibition that effectively ends a lawsuit against a group of doctors and pharmacies.
The Wyoming County case involves allegations by Greg and Phyllis Shrewsbury.
Defendants were Sanjay R. Mehta, D.O.; HOPE Clinic and James H. Blume, Jr., D.O.; Walgreen Company; Bypass Pharmacy, Inc.; Deschner Medical Services, PLLC dba DeBoss Neurology and Pain Clinic and Stephen H. Deschner, M.D.; Rite Aid of WV, Inc.; Westside Pharmacy, Inc. and Devonna Miller-West, R.Ph.; and Rhonda Rose, R.Ph., Evan D. Brush, R.Ph. and Rhonda’s Pharmacy, LLC.
At issue was whether plaintiffs in such a case must provide 30 days’ notice before proceeding to a suit, according to the order.
The Shrewsburys were attempting to sue the defendants without providing that required notice, the defendants argued. Earlier, Circuit Judge Warren McGraw had denied motions by the defendants to dismiss the suits for lack of notice under the West Virginia Medical Professional Liability Act. The
MPLA requires the 30-day notice to all parties expected to be sued.
In their order this week, the supreme court justices ruled against Judge McGraw, granted the writ, and remanded the case back to Wyoming County where it directed that McGraw enter an order dismissing the case.
The synopsis of the case says that the Shrewsburys filed suit in September 2018 claiming medical negligence, pharmacist negligence and loss of consortium.
“Generally, the Shrewsburys alleged that the (defendants in their original suit) purposefully prescribed and filled prescriptions for controlled substances in a concerted effort to addict Mr. Shrewsbury for monetary purposes,” the order explains.
Greg Shrewsbury was allegedly injured in a 2011 motorcycle accident and sought treatment from the defendants and others.
Some potential defendants did not join in seeking the writ for various reasons. Some maintained they were never properly served while another had gone out of business.
Once McGraw enters the order dismissing the case, allegations against all defendants will be dropped.