Helsell Fetterman Presents Caselaw Update at Annual WHCRMS Conference
Our health care team is proud that we’ve been invited to present a case law update at the upcoming Washington Health Care Risk Management Society’s (WHCRMS) 39th Annual Conference on June 9, 2023. It’s been a busy year for health care in Washington courts. Dave Corey, Rabia Ahmad, and Jenna Mark will provide comment and context on the following recent appellate decisions and legislative activity:
Martin v. Department of Corrections, 199 Wn.2d 557, 510 P.3d 321 (published 05/26/22)
- holding certificate-of-merit requirement unconstitutional as to state defendants
Dearinger v. Eli Lilly & Co., 199 Wn.2d 569, 510 P.3d 326 (published 06/02/22)
- rejecting direct-to-consumer ad exception to learned intermediary doctrine
State v. Zamora, 199 Wn.2d 698, 512 P.3d 512 (published 06/30/22)
- reversing conviction where prosecutor appealed to racial bias during voir dire
Bradley v. Globus Medical, Inc., Div. III No. 38490-0-III (unpublished, filed 06/30/22)
- affirming CR 12(b)(6) dismissal of product claim for lack of personal jurisdiction
Pacheco v. United States, 200 Wn.2d 171, 515 P.3d 510 (filed 08/18/22)
- affirms “extraordinary damages” award against NeighborCare in wrongful life case
Fowler v. Guerin, 200 Wn.2d 110, 515 P.3d 502 (published 08/18/22)
- adopting new standard for equitable tolling of SOL based on deception
M.N. v. Multicare, 23 Wn. App.2d 558, 519 P.3d 923 (Div. II) (published 08/23/22)
- affirming dismissal of class action based on Hep C exposure in ED
Hill & Stout PLLC v. Mut. of Enumclaw Ins. Co., 200 Wn.2d 208, 515 P.3d 525 (published 08/25/22)
- interpreting virus exclusion to bar dentist’s COVID claim for loss of business income
Dang v. Floyd Pflueger & Ringer, P.S., 24 Wn. App.2d 145, 518 P.3d 671 (published 10/17/22)
- affirming denial of CR 56(f) continuance where evidence would not be favorable
Henderson v. Thompson, 200 Wn.2d 417, 518 P.3d 1011 (published 10/20/22)
- adopting new standard for post-verdict motions alleging racial bias
Peralta v. Blakeley et al., Div. III No. 38616-3-III (unpublished, filed 12/20/22)
- applying gross negligence standard to claim alleging failure to involuntarily commit
Tisdale v. Apro LLC, Div. II No. 56067-4-II (published in part 12/28/22)
- finding error in failure to instruct jury to segregate damages
Roberson v. CHI Franciscan et al., Div. II No. 56768-7-II (unpublished, filed 01/03/23)
- holding an ARNP is not qualified to offer a standard-of-care criticism of an MD
Hill v. Klassan, Div. II No. 56602-8-II (unpublished, filed 01/17/23)
- finding no enforceable settlement where plaintiff didn’t sign release, didn’t cash check
State v. Bagby, 200 Wn.2d 777, 522 P.3d 982 (published 01/19/23)
- reversing conviction where prosecutor asked witnesses to identify def’s “nationality”
Prassé v. Milner, Div. I No. 83920-9-I (unpublished, filed 01/23/23)
- applying quasi-judicial immunity to a psychologist’s court-appointed parenting eval
Essex v. Grant County, Div. III No. 37804-7-III (published 01/24/23)
- limiting hospital vicarious liability for non-employed MD to ostensible agency only
SB 5059, Senate bill died in committee 02/23/23
- WSAJ-sponsored bill would have imposed pre-judgment interest on tortfeasors
Flynn v. Woodinville Animal Hospital, Div. I No. 84106-8-I (unpublished, filed 03/06/23)
- declining to recognize a corporate negligence claim against a veterinary hospital
Hanson v. Carmona, 525 P.3d 940 (published 03/23/23)
- requiring tort claim notice before suing public employee for acts in scope of job
Foster v. Bellingham Urology, Div. I No. 82349-3-I (unpublished, filed 03/27/23)
- holding hospital corporate negligence doctrine applies only to hospitals, not clinics
Dietrich v. Neely, Div. I No. 83152-6-I (unpublished, filed 04/03/23)
- applying gross negligence standard under the ITA
Fraley v. Commonspirit Health, et al., Div. II No. 56697-4-II (published 05/09/23)
- affirms tolling letter effective even though sent to wrong address and not received before 3-yr. SOL expired
Briggs v. Life Care Centers of America Inc., et al., C21-740 MJP (W.D. Wash., jury verdict on 05/19/23)
- nursing home hit with one of the nation’s first COVID-19 outbreaks not at fault for the deaths of two women
First and Stewart Hotel Owner, LLC v. Fireman’s Fund Ins. Co., 9th Circuit Ct. of Appeals, No. 21-35637 (unpublished, filed 05/19/23)
- rejected COVID-19 coverage appeal given WA Supreme Ct. decision in Hill & Stout- coverage precluded if no direct physical loss of property
Aspen Lodging Group, LLC, et al. v. Affiliated FM Ins. Co., 9th Circuit Ct. of Appeals, No. 21-35472 (unpublished, filed 05/19/23)
- rejected COVID-19 coverage appeal given WA Supreme Ct. decision in Hill & Stout – coverage precluded if no actual presence of COVID-19