H. B. 2217


(By Delegates G. Martin, Thomas, Haskins, Clements,


Evans, Azinger and Stalnaker)

[Introduced January 24, 1995; referred to the

Committee on Banking and Insurance then the Judiciary.]




A BILL to amend article seven-b, chapter fifty-five of the code
of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twelve, relating to eliminating the rule prohibiting consideration of collateral sources of economic support for plaintiff.

Be it enacted by the Legislature of West Virginia:
That article seven-b, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twelve, all to read as follows:
ARTICLE 7B. MEDICAL PROFESSIONAL LIABILITY.

§55-7B-12. Collateral source evidence.

(a) In any personal injury, wrongful death or medical professional liability action, the defendant may introduce evidence of any amount or other benefit which is or will be payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal workers' compensation act, any disability, health, sickness, life, income-disability or accident insurance that provides health benefits or income-disability coverage and any other contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of income-disability or medical, hospital, dental or other health care services in order to establish that any cost, expense or loss claimed by the plaintiff as a result of the injury or death is subject to reimbursement or indemnification from such collateral source. Where the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount which the plaintiff has paid or contributed to secure the plaintiff's right to any such benefits, that recovery from the defendant is subject to a lien, that a provider of such collateral benefits has a statutory right of recovery against the plaintiff as reimbursement for such benefits or that the provider of such benefits has a right of subrogation to the rights of the plaintiff in the personal injury, wrongful death or medical professional liability action.
(b) Evidence introduced pursuant to this section is admissible for the purpose of considering the damages claimed by the plaintiff and shall be accorded such weight as the trier of the facts chooses to give it.
(c) Unless otherwise expressly permitted to do so by statute, no provider of collateral benefits, as described in subsection (a) of this section, may recover any amount against the plaintiff as reimbursement for such benefits nor shall such provider be subrogated to the rights of the plaintiff.




NOTE: The purpose of this bill is to permit consideration of collateral sources of compensation to a plaintiff in an action for personal injuries or death including medical professional liability actions.

§55-7B-12 is new; therefore, strike-throughs and underscoring have been omitted.