Memorandum Opinion and Order

Pending before the court is the Plaintiffs’ Motion In Limine for a Pre-Trial Ruling Regarding the Application of West Virginia Code Section 55-7B-8 and For a Ruling That Each Separately Read, Interpreted, Dictated and Billed-For Radiology Consultation Is a Separate Occurrence (Plaintiffs’ Motion) [Docket 113].  I previously granted the defendants’ request for permission to file a supplemental memorandum at the close of discovery on the issue of whether each radiology consultation constituted a separate occurrence.  For the reasons  discussed below, I now FIND that West Virginia Code § 55-7B-8, as enacted at the time of the alleged occurrences of medical malpractice here, limited an individual health care provider’s liability for an occurrence of medical malpractice to $1,000,000.  Section 55-7B-8 did not limit the total amount a plaintiff could recover in a single action from different health care providers for their separate acts of medical malpractice.