Casey IRACs are produced by an AI that analyzes the opinion’s content to construct its analysis. While we strive for accuracy, the output may not be flawless. For a complete and precise understanding, please refer to the linked opinions above.

Keywords

negligencestatutecase law

plaintiffstatuteappealcase lawrespondent

Related Cases

Saleh v. Damron, 242 W.Va. 568, 836 S.E.2d 716

Facts

Angie Damron, an obstetrics patient, underwent a cesarean section and a bilateral tubal ligation in 2013. In December 2016, she was diagnosed with a live ectopic pregnancy, which had no chance of resulting in a live birth. Following the removal of the ectopic embryo, Mrs. Damron filed a wrongful death claim against her physician, asserting that the physician's negligence led to the ectopic pregnancy and the death of the embryo.

In 2013, Angie Damron ('Mrs. Damron'), a respondent to this proceeding and a plaintiff in the related action before the United States District Court for the Southern District of West Virginia ('the District Court'), was an obstetrics patient of Dr. Marwan F. Saleh ('Dr. Saleh').

Issue

Does the term 'person' as used in the West Virginia Wrongful Death Statute encompass an ectopic embryo or fetus?

Does the term 'person' as used in the West Virginia Wrongful Death Statute (W. Va. Code §§ 55-7-5 and 55-7-6), and interpreted in the Supreme Court of Appeals of West Virginia's opinion in Farley v. Sartin, 195 W. Va. 671, 466 S.E.2d 522 (1995), encompass an ectopic embryo/fetus?

Rule

The term 'person' as used in the West Virginia Wrongful Death Statute does not include an ectopic embryo or an ectopic fetus.

The term 'person' as used in the West Virginia Wrongful Death Statute, W. Va. Code §§ 55-7-5 and 55-7-6 (LexisNexis 2016), does not include an ectopic embryo or an ectopic fetus.

Analysis

The court analyzed the statutory language and previous case law, particularly the case of Farley v. Sartin, which established that the term 'person' includes nonviable unborn children but explicitly limited this definition to those 'en ventre sa mere' (in the womb). The court concluded that ectopic embryos, being outside the womb, do not meet the criteria set forth in the wrongful death statutes.

Conclusion

The court answered the certified question in the negative, concluding that the term 'person' does not include an ectopic embryo or fetus under West Virginia law.

Who won?

Dr. Saleh prevailed in the case because the court ruled that the wrongful death statute does not extend to ectopic embryos or fetuses.

You must be

Log In to Casey

Sign Up to Casey

Reset Your Password

Keywords

Related Cases

Bailey v. Brown, 34 Ohio St.2d 62, 295 N.E.2d 672, 63 O.O.2d 92

Brannon v. Wood, 251 Or. 349, 444 P.2d 558

Doherty v. S.S. Kresge Co., 227 Wis. 661, 278 N.W. 437

Morse v. Goduti, 146 N.H. 697, 777 A.2d 292

McKenzie v. Hawaii Permanente Medical Group, Inc., 29 F.Supp.2d 1174